Selection patents – a developing area of law?

Apotex recently failed in its attempt to have Eli Lilly’s patent covering antipsychotic drug Zyprexa revoked by the Federal Court.  In his judgment (Eli Lilly v Apotex), Justice Middleton considered two relatively fresh issues – the proper approach to ‘selection patents’, and the significance of differences in the naming of chemical formulae. Eli Lilly commenced read more...
Subjects: Patents