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Inside Life Sciences

Issue 13

Editor's Note

Welcome to the Spring edition of Inside Life Sciences.

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Lundbeck 'pay for delay' case: CJEU judgment

As anticipated, the CJEU has upheld the General Court's judgment that patent settlement agreements between Lundbeck and several generic manufacturers were a restriction of competition by object.

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Patents Court applies Supreme Court's Regeneron sufficiency principles

In Illumina v Latvia MGI Tech, the Patents Court has applied for the first time the Supreme Court's decision relating to sufficiency in Regeneron.

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Patents Court reverses orders in Neurim v Mylan case following EPO revocation

The Patents Court has considered the interplay between the twin tracks of UK and EPO revocation proceedings in the assessment of remedies.

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Aspen's excessive pricing case concludes with commitments

The European Commission has announced it has agreed to accept commitments following its investigation into pricing practices.

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Teva's divisional patent strategy under the Commission spotlight

In March 2021, the European Commission announced it had opened a formal competition investigation in relation to Teva's divisional patent strategy concerning Copaxone.

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Patents Court finds ostomy bag patent invalid for lack of inventive step

The Patents Court has found a patent relating to ostomy bags invalid as obvious over the common general knowledge, as well as five pieces of prior art.

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UK Government considers legislative exemption for CBD consumer products

The Government has revealed that it is considering introducing a new exemption for cannabidiol (CBD) consumer products under the Misuse of Drugs Regulations 2001.

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FSA publishes list of just three permitted CBD companies

The Food Standards Agency (FSA) has published its list of the CBD products which can lawfully remain on sale to consumers pending the FSA's formal authorisation. The list contains 22 products only, from just three CBD companies.

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Patents Court considers 'sequential unmasking' approach to expert evidence

The Patents Court has considered the approach to adopt when instructing expert witnesses and, in particular, the sequence in which they are shown documents.

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Competition authorities join forces to consider approach to pharma mergers

Competition authorities in the UK, EU, US and Canada have joined forces to form a working group dedicated to issues around mergers in the pharmaceutical sector.

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Pharmaceutical companies granted permission to appeal ruling that regulators should not pay costs of a successful appeal against a decision

The Supreme Court has granted permission to Flynn Pharma and Pfizer to appeal the Court of Appeal ruling that required them to pay the costs of their successful appeal against a Competition and Markets Authority decision.

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New Investment for Life Sciences in the UK

With the life sciences sector contributing more than £70bn per year to the UK economy, the UK Government has proposed a new public/private investment fund into the sector.

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The Medicines and Medical Devices Act 2021: A framework for updating the UK life sciences regime

The Medicines and Medical Devices Act 2021 (MMDA) received Royal Assent on 11 February 2021. The context for the MMDA is that much of the legal and regulatory framework for medicines and medical devices derives from EU Directives.

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