Neurim Pharmaceuticals (1991) Ltd (claimant/appellant) v Generics UK Ltd (Trading as Mylan) & anr
Monday 14 (2:00pm) – Tuesday 15 March 2022
By way of its judgment of 4 December 2020, the Court found the Patent to be valid and infringed. However, following a hearing at the Technical Boards of Appeal (TBA) in the European Patent office, the Patent was revoked on 18 December 2020. The effect of the outcome of the TBA appeal is that the Patent is deemed never to have existed.
The First Claimant (Neurim) was the registered proprietor of the Patent. The Second Claimant (Flynn) was found by the Judge not to be the exclusive licensee of the Patent. At the first form of order hearing on 16 December 2020, the Judge granted the Claimants permission to appeal the exclusive licence finding, and an oral order was made by the Court to that effect.
On 30 December 2020 the Judge revoked the oral orders made on 16 December 2020, including the provision granting the Claimants permission to appeal on the exclusive licence issue. The Judge further directed that the subject matter of 16 December 2020 hearing be re-visited by the parties at a further hearing. That hearing took place on 22 February 2021, and judgment was handed down on 12 March 2021, where the Judge reversed his earlier order regarding permission to appeal, and refused permission on the exclusive licence point (considering that the point was now academic).