Dr Reddy v Eli Lilly: the Court of Appeal consigns the old UK legal test for the validity of selection patents to history and looks to Europe for the answer

Dr Reddy's challenge to the validity of Eli Lilly's patent for Olanzapine has failed in the Court of Appeal. Jacob LJ, who gave the leading judgment, chose to abandon the approach to selection patents that can be traced back to the 1930s' I.G Farbenindustrie's Patents case and instead adopted the modern approach of the European Patent Office.

For more information read our expert's in-depth analysis of this case.