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Warner-Lambert Co LLC v Generics (UK) Ltd

[2018] UKSC 56
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2018
StatusBinding authority

Summary

For second medical use (Swiss-form) patents, infringement requires subjective intention to manufacture for the patented purpose; foreseeability of off-label use is insufficient.

Key Principle

For second medical use patents (Swiss-form claims), infringement requires subjective intention by the alleged infringer to manufacture the product for the patented purpose; mere foreseeability of off-label use is insufficient.

Area of Law

ip

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