The Journal of Intellectual Property Law and Practice (JIPLP) has published an article by Darren Smyth on a decision by the Patents Court in Idenix Pharmaceuticals, Inc v Gilead Sciences, Inc & Others where Idenix unsuccessfully argued that a cited document constituting novelty-only prior art was not entitled to its priority date due to a procedural defect rather than its substantive disclosure.
To read the JIPLP article in full, click here.