Glenmark Generics (Europe) Ltd & Anor (t/a Mylan) v The Wellcome Foundation Ltd & Anor

The skilled team, faced with the Hutchinson presentation and Hudson abstract, would have considered the combination of atovaquone and proguanil worth pursuing, leading to the claimed ratio and pharmaceutical composition; claims 1 and 9 are obvious and the patent is invalid.

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 / Final Judgment
Outcome: Patent revoked for invalidity due to obviousness.
Legal Topics: Obviousness, Pharmaceutical Patents, Combination Therapy, Patent Amendment, Prior Art

Intellectual Property Patent Law Obviousness Pharmaceutical Patents Combination Therapy Patent Amendment Prior Art

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 5

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 / Final Judgment

Legal Issues

1 Whether European Patent (UK) No. 0 670 719 is invalid for obviousness
2 Whether claims 1 and 9 are obvious over prior art
3 Whether the patent should be revoked

Ratio Decidendi

Court Disposition

Patent revoked for invalidity due to obviousness.

Orders

European Patent (UK) No. 0 670 719 is revoked.
Claims 1 and 9 are invalid for obviousness.