Asahi Medical Co Ltd. v Macopharma (UK) Ltd. Macopharma S.A. [2002] EWCA Civ 466 (16th April, 2002)

Asahi Medical Co Ltd. v Macopharma (UK) Ltd. Macopharma S.A. [2002] EWCA Civ 466 (16th April, 2002)

The patent was invalid for obviousness because the only difference between the claimed invention and the Frey-Wettstein prior art was the use of a closed system, which by 1988 was a standard and obvious modification. The claims did not require inventive step beyond the prior art, and the skilled person would have implemented the closed system using standard techniques. The judge's approach and application of the law were correct.

Citation
[2002] EWCA Civ 466
Parties
Appellant/claimant: Asahi Medical Co Limited; Respondent/defendant: Macopharma (UK) Limited; Respondent/defendant: Macopharma S.A.
Jurisdiction
England and Wales
Procedural Posture
Patent Appeal / Appeal From Chancery Division, Judgment of Laddie J
Outcome
Appeal dismissed; patent held invalid for obviousness.
Legal Topics
Patent Validity, Obviousness, Inventive Step, Patent Construction
Intellectual Property Patent Law Patent Validity Obviousness Inventive Step Patent Construction

Case Brief

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Parties

Asahi Medical Co Limited

Appellant/claimant

Macopharma (UK) Limited

Respondent/defendant

Macopharma S.A.

Respondent/defendant

Procedural Posture

Patent Appeal / Appeal From Chancery Division, Judgment of Laddie J

Legal Issues

  1. 1 Whether the patent in suit is invalid for obviousness under section 1(1)(b) of the Patents Act 1977
  2. 2 Proper construction of claims 1 and 4 of the patent
  3. 3 Whether the prior art (Frey-Wettstein) renders the patent obvious

Ratio Decidendi

The patent was invalid for obviousness because the only difference between the claimed invention and the Frey-Wettstein prior art was the use of a closed system, which by 1988 was a standard and obvious modification. The claims did not require inventive step beyond the prior art, and the skilled person would have implemented the closed system using standard techniques. The judge's approach and application of the law were correct.

Court Disposition

Appeal dismissed; patent held invalid for obviousness.

Orders

  • Patent declared invalid for lack of inventive step under section 1(1)(b) of the Patents Act 1977
  • No order as to costs specified in the provided text