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Patent – Infringement. The claimant and the third to fifth defendants (Idenix) claimed that the first and second defendants (Gilead) had infringed their patent. The Patents Court, in dismissing the application, held that Gilead was entitled to claim priority of its own international patent application from a United States patent application, such that Idenix's patent lacked novelty. Further claims lacked an inventive step absent technical contribution to the art and one claim contained added matter. Idenix's application to amend the claims were not allowable, since it would result in added matter.
Patent – Infringement. The claimant and the third to fifth defendants (Idenix) claimed that the first and second defendants (Gilead) had infringed their patent. The Patents Court, in dismissing the application, held that Gilead was entitled to claim priority of its own international patent application from a United States patent application, such that Idenix's patent lacked novelty. Further claims lacked an inventive step absent technical contribution to the art and one claim contained added matter. Idenix's application to amend the claims were not allowable, since it would result in added matter.
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