29 Sept 2006
MERCK & CO INC V ARROW PHARMACEUTICALS (NZ) LTD HC WN CIV-2006-485-817
- Citation
- openlaw-146fc97c_39e0_4f57_9216_879857832ee1.pdf
- Court
- High Court
The Examiner erred in law by treating two non-peer-reviewed Lunar News articles as part of the common general knowledge and by refusing the application in what was a finely balanced (close) case without properly resolving conflicting expert evidence; accordingly the Examiner's decision to refuse sealing was set aside and the patent was directed to be sealed once requisite amendment documents were filed.