UK Court Clarifies Obviousness Rule In Levaquin Suit

By Tina Peng

Law360, New York (July 06, 2009, 12:00 AM ET) -- A U.K. appeals court has upheld a determination of validity for Daiichi Pharmaceutical Co.'s patent for the active ingredient in the antibiotic Levaquin, ruling that an invention is not obvious if the course of action is obvious but a skilled person would not have the motivation to pursue it to the point of invention.

The Supreme Court of Judicature Court of Appeal on Thursday dismissed Generics (UK)'s appeal from the High Court of Justice, Chancery Division, which held in October that Daiichi's patent, European Patent Number...
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