S.A. Ethypharm v. Alkermes Pharma Ireland Limited, Court of Appeal, Paris, France, 3 November 2015, No. 184/2015, with thanks to Raphaëlle Dequiré-Portier, GIDE LOYRETTE NOUEL, for sending in the case, together with a head note and translation in English
In this decision, the Court of Appeal has reversed the First Instance decision of 21 December 2012 and held that Claim 9 was invalid as it was a treatment method.
Claim 9 is written as follows: “9. Use of particles consisting essentially of a drug substance with an adsorbed surface modifier on the surface, in an amount sufficient to maintain an average particle size less than 400 nm or a pharmaceutical composition of the latter for the preparation of a drug in order to accelerate the onset of action after administration to a mammal, provided that the drug substance is not naproxen or indomethacin.”