Accord Healthcare Ltd v Research Corporation Technologies, Inc (Rev 1)
RCT held the substantive priority right at the relevant date as a bona fide purchaser for value without notice, and the patent claims were not obvious over the prior art, as the skilled team would not have a fair expectation of success in synthesising lacosamide based on the available information.
Source-derived case information.
- Parties
- Claimant: Accord Healthcare Limited; Defendant: Research Corporation Technologies, Inc
- Jurisdiction
- England and Wales
- Judgment Date
- 07 November 2017
- Procedural Posture
- Patent Action / Final Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Entitlement to Priority, Obviousness, Supplementary Protection Certificate, Assignment of Rights, Equitable and Legal Title
Source-derived case record
Summary, issues, holding and outcome
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Parties
Accord Healthcare Limited
Claimant
Research Corporation Technologies, Inc
Defendant
Procedural Posture
Patent Action / Final Judgment
Legal Issues
- 1 Whether RCT was entitled to claim priority for the patent under US law and the Paris Convention
- 2 Whether the patent claims were obvious in light of prior art (Le Gall thesis and Bardel paper)
Ratio Decidendi
RCT held the substantive priority right at the relevant date as a bona fide purchaser for value without notice, and the patent claims were not obvious over the prior art, as the skilled team would not have a fair expectation of success in synthesising lacosamide based on the available information.
Court Disposition
Claim dismissed
Orders
- Patent claims upheld
- Action dismissed
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