Teva UK Ltd & Anor v Astrazeneca AB (Rev 1) [2014] EWHC 2873 (Pat) (02 September 2014)

Teva UK Ltd & Anor v Astrazeneca AB (Rev 1) [2014] EWHC 2873 (Pat) (02 September 2014)

The patent is invalid for lack of inventive step (obviousness) because, at the priority date, it would have been obvious to the notional skilled person to use a combination of formoterol and budesonide in a single inhaler for both maintenance and relief therapy in asthma, in light of the common general knowledge and prior art. The proposed amendments to the patent were not allowable as they introduced added matter. There was no need to decide infringement as the patent was found invalid.

Citation
[2014] EWHC 2873 (Pat)
Parties
Claimant (hp13 E01725) / Defendant (hp14 A01924): Teva UK Limited; Claimant (hp13 E01725) / Defendant (hp14 A01924): Teva Pharmaceutical Industries Limited; Defendant (hp13 E01725) / Claimant (hp14 A01924): AstraZeneca AB; Claimant (hp14 A01924): AstraZeneca UK Limited; Defendant (hp14 A01924): Teva Pharma BV
Jurisdiction
England and Wales
Judgment Date
02 September 2014
Procedural Posture
Patent Revocation and Infringement / First Instance Judgment After Trial
Outcome
Patent revoked for lack of inventive step (obviousness). Proposed amendments refused.
Legal Topics
Patent Validity, Inventive Step (obviousness), Patent Infringement, Amendment of Patent Claims, Common General Knowledge, Combination Therapy, Pharmaceutical Patents
Intellectual Property Patents Patent Validity Inventive Step (obviousness) Patent Infringement Amendment of Patent Claims Common General Knowledge Combination Therapy +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Teva UK Limited

Claimant (hp13 E01725) / Defendant (hp14 A01924)

Teva Pharmaceutical Industries Limited

Claimant (hp13 E01725) / Defendant (hp14 A01924)

AstraZeneca AB

Defendant (hp13 E01725) / Claimant (hp14 A01924)

AstraZeneca UK Limited

Claimant (hp14 A01924)

Teva Pharma BV

Defendant (hp14 A01924)

Procedural Posture

Patent Revocation and Infringement / First Instance Judgment After Trial

Legal Issues

  1. 1 Whether European Patent (UK) No. 1,085,877 is invalid for lack of inventive step (obviousness)
  2. 2 Whether the patent is anticipated by prior art (the 1993 Patent)
  3. 3 Whether the patent specification is sufficiently clear and complete

Ratio Decidendi

The patent is invalid for lack of inventive step (obviousness) because, at the priority date, it would have been obvious to the notional skilled person to use a combination of formoterol and budesonide in a single inhaler for both maintenance and relief therapy in asthma, in light of the common general knowledge and prior art. The proposed amendments to the patent were not allowable as they introduced added matter. There was no need to decide infringement as the patent was found invalid.

Court Disposition

Patent revoked for lack of inventive step (obviousness). Proposed amendments refused.

Orders

  • Patent revoked.
  • Application to amend patent refused.