The patent relates to a “Pharmaceutical composition comprising ivabradine hydrochloride polymorph IV”
Brief outline of the case
Claim 1 as granted was lacking IS over D2=WO 2013/064307. This document was the first document cited in the ESR and was qualified as X,D,Y. The same applied to AR1.
The OD thus revoked the patent
The proprietor appealed the revocation of its patent.