The Journal of Intellectual Property Law and Practice (vol. 7, issue 9) has published an article by partner Darren Smyth about Generics [UK] Ltd (t/a Mylan) v Yeda Research and Development Co Ltd & Another.
Mr Justice Arnold rules that the technical effect disclosed in the patent to support inventive step must be plausible as at the priority date, and that post-dated evidence cannot be used to challenge this plausibility.
To read the JIPLP article in full, click here.