Medimmune Ltd v Novartis Pharmaceuticals UK Ltd & Ors

Medimmune Ltd v Novartis Pharmaceuticals UK Ltd & Ors

The patent was obvious over Professor Smith's Banbury conference presentation, which explicitly proposed antibody phage display and provided the skilled team with a reasonable expectation of success using known techniques. The patent was not entitled to priority as the priority document did not disclose post-phage display derivatisation. The judge made no error of principle in his assessment.

Parties
Appellant/claimant: MedImmune Limited; Respondent/defendant: Novartis Pharmaceuticals UK Limited; Second Defendant/part 20 Defendant: Medical Research Council
Jurisdiction
England and Wales
Judgment Date
10 October 2012
Procedural Posture
Civil Appeal (patents) / Appeal From High Court (chancery Division, Patents Court)
Outcome
Appeal dismissed. Patent held invalid for obviousness and lack of priority.
Legal Topics
Obviousness, Inventive Step, Priority of Patent, Biotechnology Patents
Intellectual Property Patents Obviousness Inventive Step Priority of Patent Biotechnology Patents

Case Brief

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Parties

MedImmune Limited

Appellant/claimant

Novartis Pharmaceuticals UK Limited

Respondent/defendant

Medical Research Council

Second Defendant/part 20 Defendant

Procedural Posture

Civil Appeal (patents) / Appeal From High Court (chancery Division, Patents Court)

Legal Issues

  1. 1 Whether the 777 patent is invalid for obviousness over prior art (Banbury conference presentation)
  2. 2 Whether the patent is entitled to priority from the claimed priority document
  3. 3 Whether the patent is infringed by Novartis' product

Ratio Decidendi

The patent was obvious over Professor Smith's Banbury conference presentation, which explicitly proposed antibody phage display and provided the skilled team with a reasonable expectation of success using known techniques. The patent was not entitled to priority as the priority document did not disclose post-phage display derivatisation. The judge made no error of principle in his assessment.

Court Disposition

Appeal dismissed. Patent held invalid for obviousness and lack of priority.

Orders

  • Appeal dismissed
  • Patent declared invalid for obviousness