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ARTICLE · 03 FEBRUARY 2022

Neurim v Mylan: On And On It Goes

Marks & Clerk
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In the preliminary issues trial of the Neurim v Mylan battle, take two (concerning a divisional patent), the Patents Court (Meade J) has decided that no issue estoppel arises from Neurim's previous win on the parent patent.

United KingdomIntellectual Property
Marks & Clerk
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In the preliminary issues trial of the Neurim v Mylan battle, take two (concerning a divisional patent), the Patents Court (Meade J) has decided that no issue estoppel arises from Neurim's previous win on the parent patent. Mylan (now Viatris) failed on its allegations of abuse but will now proceed in its attempt to convince Marcus Smith J that the divisional patent is invalid in a heavily case managed procedure.

We have previously reported on the Neurim v Mylan battle "take two" concerning a divisional patent (EP 3 103 443) granted on 30 June 2021 (expires 12 August 2022), when Neurim successfully applied for an expedited preliminary issues trial (Neurim v Mylan: Take Two). That article also covers (some of) the twists and turns of the original Neurim v Mylan battle on the parent patent.

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