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Second medical indications and the Swiss-form claim: taming Frankenstein's monster - Part 3: the Franken-cuckoo comes home to roost

Fisher, MJ; (2017) Second medical indications and the Swiss-form claim: taming Frankenstein's monster - Part 3: the Franken-cuckoo comes home to roost. European Intellectual Property Review , 39 (11) pp. 705-718. Green open access

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Abstract

This, the third part of a three-part article, analyses the litigation in the case of Warner-Lambert Co LLC v Actavis Group PTC EHF (Civ Div) on: the scope of the claimant's Swiss-form claim for the use of the otherwise off-label drug pregabalin for the treatment of pain; and whether the manufacturer of a generic version of pregabalin, marketed for its off-label uses, was liable for infringement where evidence showed it was being prescribed as a painkiller.

Type: Article
Title: Second medical indications and the Swiss-form claim: taming Frankenstein's monster - Part 3: the Franken-cuckoo comes home to roost
Open access status: An open access version is available from UCL Discovery
Publisher version: http://www.sweetandmaxwell.co.uk/Catalogue/Product...
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Generic medicines; Indirect infringement; Patents; Pharmaceuticals; Swiss-type claims
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1549684
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