Second Medical Use Strategies and Case Law Across the UK, UPC and Rest of the World | Kisaco Research

Second medical use patents remain a cornerstone of value creation in the life sciences industry, but enforcement continues to be fragmented. This panel will compare recent decisions and enforcement strategies across the UK, UPC and key global jurisdictions.


• Examine the new UPC plausibility and infringement test and how it applies in practice?
• Review the significance of the first UPC decision at the Dusseldorf Local Division (2025).
- What does it mean for assessing knowledge, intent, and infringement risk?
• Discuss the comparison with the USA and the recent wave of Skinny Label litigation.
• Understand the landscape of prior disclosure (G1/23) and its impact on the patentability of second medical use patents, as well as formulations, crystal forms and polymorphs.

Speaker(s): 

Author:

Axel Berger

Partner
Bardehle

Axel Berger

Partner
Bardehle

Author:

James Horgan

Chief IP Counsel- Policy & Litigation
MSD

James Horgan

Chief IP Counsel- Policy & Litigation
MSD

Author:

Toni Santamaria

Vice President Intellectual Property
Adalvo

Toni has been leading the Intellectual Property team at Adalvo since 2021. He has more than 20 years of experience in different pharmaceutical companies where he has been involved in developing and implementing complex patent and data exclusivity litigation strategies for several generics and added value products, including leading parallel litigation cases in multiple European countries.   He also has experience in patent and trademark prosecution.

Toni qualified as European Patent Attorney in 2010 and holds a PhD in Organic Chemistry.

Toni Santamaria

Vice President Intellectual Property
Adalvo

Toni has been leading the Intellectual Property team at Adalvo since 2021. He has more than 20 years of experience in different pharmaceutical companies where he has been involved in developing and implementing complex patent and data exclusivity litigation strategies for several generics and added value products, including leading parallel litigation cases in multiple European countries.   He also has experience in patent and trademark prosecution.

Toni qualified as European Patent Attorney in 2010 and holds a PhD in Organic Chemistry.

Session Type: 
Panel