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Monday, 1 November 2004

ANTI-TUMOUR DRUG IMPORTS DON'T INFRINGE


LexisNexis' highly useful All England Direct subscription service brings news of Mayne Pharma Pty Ltd and another v Pharmacia Italia SpA, a decision of Roger Wyand QC sitting today as a Deputy Judge in the Patents Court.

Mayne, an Australian healthcare company, wanted to import and sell epirubicin hydrochloride (an anti-tumour drug against cancer) in the form of an injectable solution, in the UK. Since Pharmacia Italia (PI) owned five UK patents for epirubicin solutions. Mayne sought a declaration of non-infringement; PI conceded non-infringement of four of them but counter-claimed for infringement of the fifth . Mayne got its declaration of non-infringement after the court construed the scope of PI's patent. At the time of writing this note, the text of this decision has not been put on BAILII or any other publicly accessible website. The IPKat wonders how this, the first case to determine a patent infringement issue after last month's House of Lords decision in Kirin-Amgen, addressed the infringement issue in the light of Lord Hoffmann's speech in that case.

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