Medis / Actavis have won their opposition case on the Fluvastatin SR patent EP948320B1 by Novartis within the Board of Appeal Division at the European Patent Office (EPO). The patent was found invalid on the grounds of a lack of clarity.
Following the EPO decision, Medis can now offer its customers the opportunity to launch Fluvastatin SR in all European countries. Earlier the patent had been taken down on a national level in both the UK and the Netherlands, and national hearings were pending in France, Spain and Italy. The EPO appeal decision will put an end to all national litigation, as the decision is not open to appeal and injunctions should be lifted.