“…In Idenix Pharmaceuticals Inc v Gilead Sciences Inc [2016] EWCA Civ 1089 claim 1 of the patent was to a broad class of chemical compounds defined by reference to a Markush formula. There were also various narrower claims. It was com…”
“… be assessed on the basis that they were to be interpreted as claims to compounds which had anti-Flaviviridae activity: see [2014] EWHC 3916 (Pat) at [306] and [2016] EWCA Civ 1089 at [5], [104]. It is clear that the reason why the patentee conceded that interpretation was that it realised that, otherwise, the claimed inventions would not…”