Actavis UK Ltd v Novartis AG

Actavis UK Ltd v Novartis AG

The patent was invalid for obviousness because the technical obstacle presented by the patent was illusory; the skilled person would have expected to be able to make a sustained release formulation of fluvastatin using standard methods, motivated by improved patient compliance, and without any real or apparent difficulty.

Parties
Claimant/respondent: Actavis UK Limited; Defendant/appellant: Novartis AG
Jurisdiction
England and Wales
Judgment Date
17 February 2010
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court
Outcome
Appeal dismissed; patent held invalid for obviousness.
Legal Topics
Obviousness, Inventive Step, Patent Validity
Intellectual Property Patent Law Obviousness Inventive Step Patent Validity

Case Brief

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Parties

Actavis UK Limited

Claimant/respondent

Novartis AG

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the patent for a sustained release formulation of fluvastatin is invalid for obviousness

Ratio Decidendi

The patent was invalid for obviousness because the technical obstacle presented by the patent was illusory; the skilled person would have expected to be able to make a sustained release formulation of fluvastatin using standard methods, motivated by improved patient compliance, and without any real or apparent difficulty.

Court Disposition

Appeal dismissed; patent held invalid for obviousness.

Orders

  • Patent EP (UK) 0948320 declared invalid for obviousness.
  • No further relief granted.