Merck Sharp & Dohme / Sandoz, Court of Appeal The Hague (Gerechtshof Den Haag), 1 May 2012

The Court of Appeal confirms the revocation by the District Court of a patent relating to a coformulation of timolol and dorzolamide for the treatment of glaucoma , for lack of inventive step. The combination of these two substances was disclosed before the priority date as a concomitant therapy. The skilled person would turn this concomitant therapy into a topical co-formulation in order to increase therapy compliance, which is a known problem in the treatment of glaucoma.

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