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Journal of Intellectual Property Law & Practice Advance Access originally published online on October 14, 2009
Journal of Intellectual Property Law & Practice 2009 4(11):776-777; doi:10.1093/jiplp/jpp163
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© The Authors (2009). Published by Oxford University Press. All rights reserved

Current Intelligence

Breadth of claim insufficiency alive and well post-Lundbeck

Rachel Montagnon and Sebastian Moore
Herbert Smith LLP

Novartis AG and Ciba Visions AG v Johnson & Johnson Medical Limited, Johnson & Johnson Vision Care Inc [2009] EWHC 1671 (Pat), 10 July 2009

This decision highlights the problems innate in using desired characteristics to define a claimed class of products, especially when they are difficult to determine, and suggests these types of patent will be open to revocation (in the English courts) where claimed classes are not tightly and accessibly defined.

Correspondence: Email: rachel.montagnon{at}herbertsmith.com

Correspondence: Email: sebastian.moore{at}herbertsmith.com


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