Readers with good memories may recall the decision of Mr Justice Warren (Patents Court, England and Wales) in Actavis v Novartis  EWHC 41 (Ch) (noted briefly by the IPKat here) concerning the validity of Novartis's European patent EP0948320 which claimed a sustained release formulation for fluvastatin, a drug intended to prevent heart attacks caused by high cholesterol. Fluvastatin, as the name suggests, was a statin, used to lower levels of LDL cholesterol in the body by affecting its synthesis in the liver.
"The upshot is that I would uphold the decision of the Judge. Unlike him, however, I do not think the case was finely balanced. Once the basis of the patent was proved illusory there was nothing left to save it."
"I have to say I do not think that the two-bite approach [Merpel says, which are the two bites?] is actually a convenient way to deal with obviousness. It is, after all, a multi-factorial assessment. The thing to do is to identify all the relevant factors, orientate oneself à la Pozzoli and then decide whether the invention is obvious".Says the IPKat, Pozzoli is a great case for big Kats, being possibly the first occasion on which Lions in the Path were linked with Paper Tigers in the same piece of judicial analysis.