Pharmaceutical patent litigation in Europe

New chemical entity (NCE) patents, which are the primary focus of this journal, are rarely the subject of infringement litigation in which either their validity is challenged or there is much issue as to whether or not they are infringed. Real disputes as to validity and infringement are much more common with second generation patents, for example to formulations, improved synthetic processes, and second medical uses of, already known compounds, and as to which such litigation examples are provided. Examples are also given of the sort of issues rare in other sectors, but more commonly met in the pharmaceuticals sector, in litigation over NCE patents, and many of which are directed towards activities undertaken shortly before patent expiry.