Case Preview: Warner-Lambert Company LLC v Generics (UK) Ltd t/a Mylan and another

Keta Lomidze and Alasdhair McDonald, who both work within the intellectual property team at CMS, preview the decision awaited in Warner-Lambert Company LLC v Generics (UK) Ltd t/a Mylan & Anor: A highly publicised dispute, concerning second medical use protection of the drug Pregabalin, has finally reached the Supreme Court and is currently awaiting its decision. Background Warner-Lambert is the proprietor of the patent for the prescription-only drug Pregabalin, marketed under a single registered trade mark Lyrica, and has the rights to market the drug for three different indications: epilepsy, generalised anxiety disorder and neuropathic pain. Patent protection for Pregabalin expired in 2013 in relation to epilepsy and anxiety disorder (the “Non-Patented Indications”), but Warner-Lambert still owned second medical use patent, which covered the use of Pregabalin for treating “pain” (claim 1) and for treating pain wherein the pain is neuropathic pain…

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