Glenmark Generics (Europe) Ltd & Anor (t/a Mylan) v The Wellcome Foundation Ltd & Anor [2013] EWHC 148 (Pat) (07 February 2013)

Glenmark Generics (Europe) Ltd & Anor (t/a Mylan) v The Wellcome Foundation Ltd & Anor [2013] EWHC 148 (Pat) (07 February 2013)

The patent as proposed to be amended is invalid for obviousness. The prior art, particularly the Hutchinson presentation, disclosed the combination of atovaquone and proguanil for malaria treatment, and the skilled team would have found it obvious to try the combination in the claimed ratio. There was no evidence of a surprising synergistic effect at the claimed ratio, and the steps required did not involve an inventive step.

Citation
[2013] EWHC 148 (Pat)
Parties
Claimant: Glenmark Generics (Europe) Limited; Claimant: Generics [UK] Limited (t/a Mylan); Defendant/part 20 Claimant: The Wellcome Foundation Limited; Defendant/part 20 Claimant: Glaxo Group Limited
Jurisdiction
England and Wales
Judgment Date
07 February 2013
Procedural Posture
Patent Revocation and Infringement / First Instance Judgment
Outcome
Patent revoked for obviousness
Legal Topics
Obviousness, Patent Validity, Pharmaceutical Patents, Combination Therapy, Revocation Proceedings, Infringement
Intellectual Property Patents Obviousness Patent Validity Pharmaceutical Patents Combination Therapy Revocation Proceedings Infringement

Case Brief

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Parties

Glenmark Generics (Europe) Limited

Claimant

Generics [UK] Limited (t/a Mylan)

Claimant

The Wellcome Foundation Limited

Defendant/part 20 Claimant

Glaxo Group Limited

Defendant/part 20 Claimant

Procedural Posture

Patent Revocation and Infringement / First Instance Judgment

Legal Issues

  1. 1 Whether European Patent (UK) No. 0 670 719 is invalid for obviousness over the prior art
  2. 2 Whether the patent as proposed to be amended is valid
  3. 3 Whether the claimants' proposed products would infringe the patent if valid

Ratio Decidendi

The patent as proposed to be amended is invalid for obviousness. The prior art, particularly the Hutchinson presentation, disclosed the combination of atovaquone and proguanil for malaria treatment, and the skilled team would have found it obvious to try the combination in the claimed ratio. There was no evidence of a surprising synergistic effect at the claimed ratio, and the steps required did not involve an inventive step.

Court Disposition

Patent revoked for obviousness

Orders

  • European Patent (UK) No. 0 670 719 revoked as invalid for obviousness
  • Counterclaims for infringement dismissed