Roundtable: Europe (2) - Second Medical Use Litigation: Navigating Enforcement and Validity Challenges

Second medical use patents sit at the centre of high-value pharmaceutical disputes, with courts across Europe continuing to confront important issues concerning validity and enforcement. This discussion examines recent UPC, EPO and UK decisions on second medical use patentability and enforcement, including evolving infringement tests. It also explores the wider implications of G 1/23, which clarified the extent to which commercially available products form prior art for validity assessments across all claim types.