Although finding a compound
patent valid based on actual utility after construing a low Promise, Mr. Justice Rennie recognized (in obiter) there would be problems with a sound prediction of any higher Promise, and referred to the «common view» of the disclosure requirement of AZT as follows:
Although it is true that many
patents, particularly in the pharmaceutical field, have been found invalid on this
basis, it is also true that many pharmaceutical
patents have been found
valid and infringed, a point Crist conveniently ignores.