Patent claims can’t be interpreted by analogy
IPKat - IP news and fun for everyone: The concept of novelty in patent law came under scrutiny once again Actavis UK Ltd v Janssen Pharmaceutical NV [2008] EWHC 1422 (Pat), a Patents Court for England and Wales decision yesterday of Mr Justice Floyd.
Actavis sought to revoke Merck’s patent for an invention involving the sterochemistry of nebivolol, a blood pressure drug, while Merck applied to amend some of the patent’s claims. According to Actavis the patent would remain invalid even if the claims were amended, since it was neither new nor inventive. Most of the judgment deals with technical issues rather than broad legal principles so, for the benefit of readers who glaze over when they see all the technical stuff, he’s just going to pick out one of the legal issues.
Floyd J ruled that all but one of the disputed claims were invalid and that the application to amend failed.…