The decision in Biogen v Medeva was handed down by the House of Lords on the night of Halloween , more than 20 years ago. The case is a landmark. That decision was based on the so-called ‘Biogen insufficiency’ principles, set down by Lord Hoffmann in Biogen v Medeva and neatly noted. Honble Shri S. Chandrasekaran, Technical Member This is an original application for revocation filed under section 64 read with section D of the Patents Act.

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Diastereomic salts of the amino diol medvea last intermediate in the synthesis of citalopram were resolved it into its enantiomers and then converted into the enantiomers of citalopram by a reaction that preserved their distinctive threedimensional structures.

Biogen Inc v. Medeva | Intellectual Property Appellate Board | Judgment | Law | CaseMine

This interpretation was followed by Aldous J. It is disclosed that In case of such a reduction in voltage the wind power installation according to bigoen invention can feed an increased amount of electrical power into the network and in that way it can compensate for voltage fluctuations.

Phillip Charles Taylor, dated 9 I should however mention one point of some b importance concerning the construction of this provision which arose in the course of argument. This bioggen does not seem to be relevant to a wind turbine remaining connected to the grid and emitting no real power in order to support the network under fault conditions and therefore US patent do not discloses the teaching of the patent IN A product claim is therefore sufficiently enabled if the specification discloses how to make it.

To decide that these steps or differences would become an obvious invention to the skilled person in the art, without having any knowledge of the present invention. Therefore a person skilled in the art would easily visualize and understand the differences and the shortcomings between the figure. The system does not contain a power electronic converter. He also drew attention to the fact that the specification might have been amended after filing.


What’s the technical field, for example? There has been no effort from the respondent as to why the UK judgment will not apply here. Status quo with regard to all the issues pending in the proceeding should be maintained and no action in relation to the same shall be taken emphasis supplied.

It is generally known as common knowledge and regarded as a good basis for further research activity by those engaged biogeen that art before it becomes part of their common stock of knowledge relating to the art, and then becoming part of the common general knowledge. Ashraf v General Dental Council. At this juncture the applicant submitted the claim set of EP Patent showing that the claim 1 of the impugned patent was identical to claim 1 of the EP Patent. It was submitted that the above claim is directed towards a wind energy system product claim for performing a method in claim 3.

Boigen particular I am glad to adopt the proposed reconciliation of sections 14 5 and 72 1 of the Patents Actwhich eliminates a difficulty expressed by the Court of Appeal in Genentech Inc.

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The scope of the claims is not sufficiently and clearly defined [Section 64 1. More than the patentee deserves? The Biogen project for making the HBV antigens therefore required that they should be capable of being made in bacteria.

Attention of the Bench was invited to page 58 of the revocation applicationpara 98, of the UK judgementof the revocation application where the UK court considered claims 1, 2 and 3 of the EP Patent.

Envirotecnic v Gutterclear Uk Ltd. P was signed on an earlier date and has also been notarised, but the same was not submitted till the commencement of the hearing. Without prejudice to the above, the respondent herewith submits as follows.


The underlying physics of how voltage and frequency are influenced in a power system has remained unchanged since the first AC power systems.

Sufficiency: when is a product a product – Biogen v Medeva revisited?

Please log in or sign up for a free trial to access this feature. It was pointed out that the claim 1 of the said EP patent was accepted to be invalid. What he had invented was a process for making it. There is however one matter which I should mention: Noshir Sorabji Pochkhanawalla And Anr. A piece of particular knowledge as disclosed in a scientific paper does not become common general knowledge merely because it is widely read, and still less because it is widely circulated.

A recombinant DNA molecule characterized by a DNA sequence coding for a polypeptide or a fragment thereof displaying HBV antigen specificity, said DNA sequence being operatively linked to an expression control sequence in the recombinant DNA molecule and being expressed to produce a polypeptide displaying HBV antigen specificity when a suitable host cell transformed with said recombinant DNA molecule is cultured, the transformed host cell not producing any human serum proteins and any primate serum proteins other than the polypeptide displaying HBV antigen specificity.

Beyond a certain size for eg. The UK court observed that the control system faces a lot of difficulty and challenges to momentarily manage the power, according to rapid voltage fluctuations, especially in the cases where voltage falls rapidly. These grounds do not, as such, include non-compliance with section 14 5.

Thus, claim 8 is invalid.