In these proceedings the Claimants challenge the validity of the Defendant's ("Gilead's") supplementary protection certificate SPC/GB05/041 ("the SPC") for a product described in the SPC as "Composition containing both Tenofovir disoproxil, optionally in the form of a pharmaceutically acceptable salt, hydrate, tautomer or solvate, together with Emtricitabine".
Huawei Technologies (UK) Co Ltd & another v Unwired Planet International Ltd & another  HIPR 172 (UKSC)
In three appeals before the court, the parties were embroiled in a dispute around patents covering telecommunications technology. As holder of the patents, the respondents (“Unwired” and “Conversant”) commenced proceedings against the appellants (“Huawei” and “ZTE”) for infringement of the patents.
Unilever UK Central Resources Ltd (“CRL”) employed the UK-based research staff of the Unilever group of companies (“Unilever”). It was not a trading company and was a wholly owned subsidiary of the first respondent, Unilever plc. While employed by CRL, the appellant conceived an invention, the rights to which belonged to CRL from the outset under the Patents Act 1977 (“the 1977 Act”).
Patent law in the United Kingdom and under the European Patent Convention (“EPC”) requires for the patenting of an inventive product, that the patentee be able to demonstrate, if challenged, that a skilled person can make the product by the use of the teaching disclosed in the patent coupled with the common general knowledge which is already available at the time of the priority date, without having to undertake an undue experimental burden or apply any inventiveness of their own.
This appeal raises the question of how the concepts of sufficiency and infringement are to be applied to a “Swiss-form patent” relating to a specified medical use of a known pharmaceutical compound.
This is an appeal regarding the ‘test of obviousness’ in terms of 3 of the Patents Act 1977. This case deals with a pharmaceutical company who had conducted vast amounts of research in order to ascertain the optimim dosage of Tadalafil to use within a Erectual Disfunction drug.