Equivalency in Europe after Pemetrexed
Panel
Panel 11: Recent Developments in Patent Law
Moderator
Dan Wadhwani, Professor of Management and Fletcher Jones Chair in Entrepreneurship, University of the Pacific, Eberhardt School of Business
Description
In 2017 and 2018, the highest courts in a number of European countries held that a drug formulation containing pemetrexed dipotassium infringed on a patent claim for the use of pemetrexed disodium in a medical drug, despite the patent having been narrowed during prosecution from the more general “antifolate drug” to “pemetrexed” and finally to “pemetrexed disodium”. The controversial decisions have opened the door for claims of infringement by equivalent means. The presentation puts the decisions into context and looks at the developments since.
Location
Pacific McGeorge School of Law, Lecture Hall, 3200 Fifth Ave., Sacramento, CA
Equivalency in Europe after Pemetrexed
Pacific McGeorge School of Law, Lecture Hall, 3200 Fifth Ave., Sacramento, CA
In 2017 and 2018, the highest courts in a number of European countries held that a drug formulation containing pemetrexed dipotassium infringed on a patent claim for the use of pemetrexed disodium in a medical drug, despite the patent having been narrowed during prosecution from the more general “antifolate drug” to “pemetrexed” and finally to “pemetrexed disodium”. The controversial decisions have opened the door for claims of infringement by equivalent means. The presentation puts the decisions into context and looks at the developments since.
Speaker Bio
Judge Schweizer is President of the Swiss Federal Patent Court. Until the end of 2017, he worked with Meyerlustenberger Lachenal, Zurich, recognized as a leading practitioner in patent law by Who’s Who Legal. From 2005 to 2007, he served as a delegate of the International Committee of the Red Cross (ICRC) in Afghanistan and Uganda. Judge Schweizer is a senior lecturer (Privatdozent) for legal theory, legal sociology and civil procedure at University of St. Gallen and lectures in intellectual property law at the Federal Institute of Technology (ETH) in Zurich, Switzerland. He is co-editor, together with Professor Herbert Zech (University of Basel), of a forthcoming one-volume commentary on the Swiss Patent Act. Judge Schweizer holds a Doctorate of Law (Dr. iur.) from the University of Zurich, Switzerland, and was a Fulbright Scholar at the University of Michigan Law School, Ann Arbor, where he obtained a Master of Laws (LL.M.).