Medimmune Ltd v Novartis Pharmaceuticals UK Ltd & Ors [2012] EWCA Civ 1234 (10 October 2012)

Medimmune Ltd v Novartis Pharmaceuticals UK Ltd & Ors [2012] EWCA Civ 1234 (10 October 2012)

The patent is invalid for obviousness because Professor Smith's Banbury presentation rendered the claimed invention obvious to the skilled team in antibody engineering by November 1990; the patent did not involve an inventive step over the prior art.

Citation
[2012] EWCA Civ 1234
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
Patent Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; patent held invalid for obviousness.
Legal Topics
Patent Validity, Obviousness, Priority, Supplementary Protection Certificate, Antibody Engineering, Phage Display Technology
Intellectual Property Patent Law Patent Validity Obviousness Priority Supplementary Protection Certificate Antibody Engineering Phage Display Technology

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

Patent Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether European Patent (UK) No. 2 055 777 is invalid for obviousness
  2. 2 Whether the patent claims are entitled to priority
  3. 3 Whether the Supplementary Protection Certificate is valid

Ratio Decidendi

The patent is invalid for obviousness because Professor Smith's Banbury presentation rendered the claimed invention obvious to the skilled team in antibody engineering by November 1990; the patent did not involve an inventive step over the prior art.

Court Disposition

Appeal dismissed; patent held invalid for obviousness.

Orders

  • Patent revoked for obviousness.
  • Supplementary Protection Certificate declared invalid.