Second Medical Use Patents in Europe: Are UK and Germany Swapping Approaches?

The UK Supreme Court's ruling in Warner Lambert v Actavis resulted from deliberations over the proper approach to matters relating to infringement of second medical use patent claims. The standard proposed by the UK Supreme Court diverges from the approach of German courts and will likely lead to important consequences for pharmaceutical patent litigation in Europe.

This White Paper defines "second medical use" claims and explains the "roles of intent" and "plausibility" in these infringement cases.