UK High Court Revokes Escitalopram Patent; Validity of Second Medical Use Claims Based on Dosage Regimes; Stay of Proceedings Pending EPO Opposition

In 2007, the UK High Court revoked Lundbeck's UK patent for Escitalopram due to insufficiency, as the patent claims were broader than the invention's technical teaching. The patent, challenged by generic manufacturers, was found novel and inventive but insufficiently disclosed methods of resolving citalopram. The document also addressed the validity of second medical use claims, citing the revocation of Merck's patent for low-dose Finasteride for androgenic alopecia treatment, which was inventive but not novel. Furthermore, it discussed the UK courts' approach to staying proceedings pending EPO opposition, which generally favors a stay, and noted that damages and costs are payable in the UK for a European patent revoked by the EPO.