"Novel Circumstances" Found In Pharmaceutical Patent Case

The recent case of Servier v Apotex generated what the Judge referred to as "novel circumstances" which resulted in a speedy consideration by the Court of Appeal of the court’s refusal to maintain an interim injunction against Apotex whilst Servier appealed the order of the High Court to revoke its patent.

In August 2006, Servier commenced an action in the UK High Court against Apotex for infringement of its patent for the α crystalline form of its ACE inhibitor drug perindopril, sold under the brand name COVERSYL™. Shortly afterwards Servier obtained an interim injunction against Apotex prohibiting Apotex from placing its product on the UK market until judgment in the action was handed down. The trial took place in March 2007 and the judgment was handed down on 10 July. The Judge found the patent invalid on the grounds of lack of novelty and obviousness.