Hospira UK Ltd v Genentech Inc [2016] EWCA Civ 780 (27 July 2016)
The claimed patent formulation was obvious because the excipients and screening methods were part of the skilled person's common general knowledge, the empirical testing was routine, and there was a fair expectation of success; no inventive step was involved.
- Citation
- [2016] EWCA Civ 780
- Parties
- Claimant/respondent: Hospira UK Limited; Defendant/appellant: Genentech, Inc.
- Jurisdiction
- England and Wales
- Judgment Date
- 27 July 2016
- Procedural Posture
- Patent Revocation Appeal / Appeal From High Court (patents Court) to Court of Appeal
- Outcome
- Appeal dismissed; patents held invalid for lack of inventive step.
- Legal Topics
- Obviousness, Inventive Step, Added Matter, Pharmaceutical Formulations
Case Brief
Summary, issues, holding and outcome
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Parties
Hospira UK Limited
Claimant/respondent
Genentech, Inc.
Defendant/appellant
Procedural Posture
Patent Revocation Appeal / Appeal From High Court (patents Court) to Court of Appeal
Legal Issues
- 1 Whether the claimed patent formulation was obvious over prior art (Carter)
- 2 Whether the patent involved an inventive step
- 3 Whether the patent contained added matter
Ratio Decidendi
The claimed patent formulation was obvious because the excipients and screening methods were part of the skilled person's common general knowledge, the empirical testing was routine, and there was a fair expectation of success; no inventive step was involved.
Court Disposition
Appeal dismissed; patents held invalid for lack of inventive step.
Orders
- Appeal dismissed
- Patents remain revoked for lack of inventive step
Full Case Text
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