Lilly Icos Llc v Pfizer Ltd (1) [2002] EWCA Civ 1 (23rd January, 2002)

Lilly Icos Llc v Pfizer Ltd (1) [2002] EWCA Civ 1 (23rd January, 2002)

The patent was invalid for obviousness because, at the priority date, the prior art (notably the Rajfer and Murray articles) made it clear to the skilled person that PDE V inhibitors were likely to be effective in the treatment of male erectile dysfunction. The identification and screening of suitable compounds did not require inventive effort, and the claimed invention was a routine application of the prior art's suggestions.

Citation
[2002] EWCA Civ 1
Parties
Petitioner/respondent: Lilly Icos Limited; Respondent/appellant: Pfizer Limited
Jurisdiction
England and Wales
Procedural Posture
Patent Revocation Appeal / Appeal From Chancery Division to Court of Appeal
Outcome
Appeal dismissed; patent revoked for obviousness.
Legal Topics
Obviousness, Patent Validity, Second Medical Use Patents, Pharmaceutical Patents
Intellectual Property Patent Law Obviousness Patent Validity Second Medical Use Patents Pharmaceutical Patents

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Lilly Icos Limited

Petitioner/respondent

Pfizer Limited

Respondent/appellant

Procedural Posture

Patent Revocation Appeal / Appeal From Chancery Division to Court of Appeal

Legal Issues

  1. 1 Whether Pfizer's patent for the use of sildenafil citrate (Viagra) for the treatment of erectile dysfunction is invalid for obviousness; Whether the patent lacks novelty, sufficiency, or contains added matter

Ratio Decidendi

The patent was invalid for obviousness because, at the priority date, the prior art (notably the Rajfer and Murray articles) made it clear to the skilled person that PDE V inhibitors were likely to be effective in the treatment of male erectile dysfunction. The identification and screening of suitable compounds did not require inventive effort, and the claimed invention was a routine application of the prior art's suggestions.

Court Disposition

Appeal dismissed; patent revoked for obviousness.

Orders

  • European Patent No. 0702555 revoked.