Case Note: Synthon BV v SmithKline Beecham plc, House of Lords

Summary

The House of Lords has recently provided guidance on the law of novelty, in particular, what constitutes a disclosure and what is meant by enablement. The case in question was between Synthon BV and SmithKline Beecham plc and the dispute related to who was first to disclose, in a fully enabling fashion, paroxetine methanesulfonate. This is a form of the well-known compound paroxetine used to treat depression and related disorders which had been marketed in the form of its hydrochloride hemihydrate salt under the names Paxil or Seroxat. Paroxetine methanesulfonate has properties which make it more suitable for pharmaceutical use in that it is more stable, less hygroscopic and more soluble and can be prepared in high concentrations.