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ARTICLE · 05 NOVEMBER 2021

Neurim v Mylan: A Most Unusual Case - Take Two Part Two

Marks & Clerk
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This is the second time writing about the Neurim v Mylan battle "take two" concerning a divisional patent (EP 3 103 443) granted on 30 June 2021 (but expires 12 August 2022).

United KingdomIntellectual Property

This is the second time writing about the Neurim v Mylan battle “take two” concerning a divisional patent (EP 3 103 443) granted on 30 June 2021 (but expires 12 August 2022).  The first article ( Neurim v Mylan: Take Two) covered Neurim's successful application for an expedited preliminary issue trial.  That article also covers (some of) the twists and turns of the original Neurim v Mylan battle on the parent patent.

October brought Mylan's opportunity to convince the Patents Court (Ian Karet sitting as a Deputy High Court Judge) to stay the UK proceedings pending final determination of the EPO opposition proceedings. In a relatively brief judgment (particularly considering the most unusual circumstances of the proceedings more generally) the application was refused, see here [2021] EWHC 2897 (Pat).

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