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Second medical use
Artikel 15 apr 2022

Infringement on new-use-patents: reasonably required effective measures

Geschreven door Mari Korsten
Dit artikel is alleen in het Engels beschikbaar. In 2017 an article appeared by Kleemans and Drok about the interpretation of Swiss-type claims and EPC-2000 claims. In this article, they discuss the question of how infringement on a second medical use patent has to be assessed and if it should matter whether the claims were written in the Swiss-type format or the EPC-2000 format. The Dutch Supreme Court in The Hague in the MSD/Teva verdict of November 2017 judged that according to the Dutch patent law it does not matter. A year later the highest English judge, the UK Supreme Court (“UKSC”), judged in the Lyrica® case that in English patent law it most definitely is relevant for the assessment of infringement in what format the claims were written. The Dutch Supreme Court further explained in MSD/Teva how the infringement on a “new-use patent” has to be assessed in Dutch patent law.
Download the article 'Infringement on new-use-patents':
pdf - 533.97 KB

This article was written by NLO's Mari Korsten and Hogan Lovells Klaas Bisschop.