Generics (UK) Ltd (Trading As Mylan) v. Richter Gedeon Vegyeszeti Gyar RT, Patents Court (Chancery Division), High Court of Justice, London, UK, 22 May 2014, Case No.  EWHC 1666 (Pat)
Mr Justice Sales sitting in the Patents Court has held that Richter Gedeon Vegyeszeti Gyar RT’s (“Gedeon Richter”) EP (UK) Patent No. 1 448 207 concerning a single-dose regimen for the use of levonorgestrel for emergency contraception to be invalid for obviousness on a revocation action brought by Generics (UK) Ltd (“Mylan”).
Mylan’s case was that the patent was invalid for (i) obviousness over the common general knowledge together with a publication reporting on a presentation of the interim results of a WHO study on the effectiveness of a single dose of levonorgestrel compared to the common two-dose regimen (“Killick”); and (ii) insufficiency. As Mylan’s insufficiency attack was pleaded in the alternative if the obviousness attack failed, the judgment does not assess the insufficiency attack.
The main patent claim was as follows:
“Use of 1.5+ 0.2 mg levonorgestrel for the preparation of a pharmaceutical for emergency contraception.”