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SmithKline Beecham plc and Another v Sandoz AG and Another (96/3472) [2010] ZACCP 3; 2010 BIP 25 (CP) (14 April 2010)
The court granted an application to amend patent claims for an amoxycillin/clavulanate paediatric formulation, rejecting opposition based on scope and validity.
H Lundbeck A/S and Another v Cipla Medpro (Pty) Ltd (89/4476) [2008] ZACCP 3; 2008 BIP 79 (CP) (20 June 2008)
The court found that the applicants failed to establish that the errors in claims 6 and 7 of the patent were clerical in nature. The evidence provided was vague, lacked factual support, and did not explain how the errors occurred. The applicants' delay in seeking correction or amendment was found to be culpable, as they were aware of the errors for years but only acted when their patent was challenged by the respondent. The proposed amendments to claims 6 and 7 would impermissibly broaden the scope of the patent, offending section 51(7) of the Patents Act. As a result, the patent was not whol…
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