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IRC: #techbytes @ Techrights IRC Network: Saturday, July 22, 2023

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schestowitzEveryone is looking at plausibility as the culprit here, but in reality Sandoz was not argued well by the patentee (in terms of structural predictability) and in Warner-Lambert it was clear in the art at the time that pharmaceutical agents did not treat more than one type of pain. The UK Courts did what they needed to punish the patentees in both cases, but the case law they generated for plausibility now unfortunately applies to all caJul 22 03:15
schestowitzses, and the pharma field feels ever more aggrieved for the new strict plausibility regimen changing the rules to be less favourable for them (which is a correct grievance). Rarely does case law get less strict, but that is simply how the world worksJul 22 03:15
schestowitzhttp://ipkitten.blogspot.com/2023/07/uk-divergence-from-epo-on-plausibility_20.html?showComment=1689937070002#c2566384360954571305Jul 22 03:15
-TechBytesBot/#techbytes-ipkitten.blogspot.com | UK divergence from the EPO on plausibility (Sandoz v BMS), Part 2: Interpretation of G 2/21 - The IPKatJul 22 03:15
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