In the patent spat between Servier (innovator) and Apotex (Generic), UK supreme court held the patent (EP1296947), covering crystalline polymorphic form α of perindopril tert-butylamine salt,invalid over the prior art patents i.e. EP0049658 and EP0380341.
This Judgement will be a setback for innovator companies attempting evergreening of products through polymorph patents.
The whole Judgement can be read here.
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