Novartis (AG) v Ivax Pharmaceuticals UK Ltd [2007] EWCA Civ 971 (18 October 2007)

Novartis (AG) v Ivax Pharmaceuticals UK Ltd [2007] EWCA Civ 971 (18 October 2007)

Equoral does not infringe Novartis's patent because the majority of the active ingredient is not carried in microemulsion-sized particles as required by the patent's teaching and claim construction. The patent requires that the cyclosporin be carried by the microemulsion, not merely present alongside it....

Source-derived case information.

Citation
[2007] EWCA Civ 971
Parties
Claimant/appellant: Novartis (AG); Defendant/respondent: IVAX Pharmaceuticals UK Limited
Jurisdiction
England and Wales
Judgment Date
18 October 2007
Procedural Posture
Patent Infringement Appeal / Appeal From High Court (patents Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Patent Infringement, Claim Construction, Pharmaceutical Patents
Intellectual Property Patents Patent Infringement Claim Construction Pharmaceutical Patents

Source-derived case record

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Parties

Novartis (AG)

Claimant/appellant

IVAX Pharmaceuticals UK Limited

Defendant/respondent

Procedural Posture

Patent Infringement Appeal / Appeal From High Court (patents Court) to Court of Appeal

Legal Issues

  1. 1 Whether IVAX's Equoral product infringes Novartis's UK patent No. 2,222,770
  2. 2 Proper construction of 'oil-in-water microemulsion pre-concentrate' in the patent claim
  3. 3 Whether Equoral contains a 'lipophilic phase' as required by the patent

Ratio Decidendi

Equoral does not infringe Novartis's patent because the majority of the active ingredient is not carried in microemulsion-sized particles as required by the patent's teaching and claim construction. The patent requires that the cyclosporin be carried by the microemulsion, not merely present alongside it. Furthermore, Equoral does not have a distinct lipophilic phase as contemplated by the patent.

Court Disposition

Appeal dismissed

Orders

  • Appeal by Novartis dismissed
  • No need to hear cross-appeal on validity