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  • I Advice - Intellectual Property – Patent Dispute – Revocation

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    sociated proteins’.

    The defendant filed their patent on 14 July 2003. It was a second generation divisional patent, the original having be

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    In the case of Merz Pharma GmbH and Co KGaA v Allergan Inc [2006], a dispute arose as to the validity of a patent for the use of Botulinium toxins in a type of medical treatment.

    Both the claimant and defendant companies were involved in the manufacture, marketing and development of pharmaceuticals. The defendant was the holder of a patent which concerned the use of ‘the neurotoxin component’ of Botulinium toxins in the treatment of pain caused by muscular activity and contracture. The Botulunium toxins were a compound of ‘the neurotoxin component’ and ‘neurotoxin associated proteins’.

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    ns in a type of medical treatment.

    Both the claimant and defendant companies were involved in the manufacture, marketing and development of pharmaceuticals. The defendant was the holder of a patent which concerned the use of ‘the neurotoxin component’ of Botulinium toxins in the treatment of pain caused by muscular activity and contracture. The Botulunium toxins were a compound of ‘the neurotoxin component’ and ‘neurotoxin associated proteins’.

    The defendant filed their patent on 14 July 2003. It was a second generation divisional patent, the original having be

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    pharmaceuticals. The defendant was the holder of a patent which concerned the use of ‘the neurotoxin component’ of Botulinium toxins in the treatment of pain caused by muscular activity and contracture. The Botulunium toxins were a compound of ‘the neurotoxin component’ and ‘neurotoxin associated proteins’.

    The defendant filed their patent on 14 July 2003. It was a second generation divisional patent, the original having be

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    tment of pain caused by muscular activity and contracture. The Botulunium toxins were a compound of ‘the neurotoxin component’ and ‘neurotoxin associated proteins’.

    The defendant filed their patent on 14 July 2003. It was a second generation divisional patent, the original having be

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    sociated proteins’.

    The defendant filed their patent on 14 July 2003. It was a second generation divisional patent, the original having been filed on 16 December 1994. By the priority date there were two formulations of Botulinium toxins available commercially. On of those was BOTOX. The defendant marketed BOTOX, but both were used to treat muscle conditions.

    Issues arose concerning the validity of the patent in respect of two of the claims which provided:

    * Claim 1: ‘Use of the neurotoxin component of Botulinium toxin for the manufacture of a medicament for the treatment of pain associated with muscle activity or contracture’.

    * Claim 5: 'Use according to any one of the preceding claims

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