Teva Pharmaceutical Industries Ltd v Astellas Pharma Inc. [2022] EWHC 1316 (Pat) (01 June 2022)

Teva Pharmaceutical Industries Ltd v Astellas Pharma Inc. [2022] EWHC 1316 (Pat) (01 June 2022)

The patent was found not to be obvious over the prior art ('288), as the skilled team, defined as working on new or improved pharmacological treatments for OAB generally (not limited to β3-AR agonism), would not have found it obvious to select and test mirabegron for OAB based on the information available at the priority date. The field was broader, the prior art did not make the invention obvious, and the common general knowledge did not render the claimed invention obvious. The patent was also found sufficient. Infringement was admitted if the patent was valid.

Citation
[2022] EWHC 1316 (Pat)
Parties
Claimant/part 20 Defendant in HP 2020 000046: Teva Pharmaceutical Industries Limited; Claimant/part 20 Defendant in HP 2021 000005: Sandoz AG; Defendant/part 20 Claimant in HP 2020 000046 & HP 2021 000005: Astellas Pharma Inc.; Part 20 Defendant in HP 2020 000046 & HP 2021 000005: Teva UK Limited; Part 20 Defendant in HP 2020 000046 & HP 2021 000005: Sandoz Limited
Jurisdiction
England and Wales
Judgment Date
01 June 2022
Procedural Posture
Patent Revocation and Counterclaim for Infringement / First Instance Judgment
Outcome
Patent held valid and infringed if valid; revocation claim dismissed.
Legal Topics
Patent Validity, Obviousness, Common General Knowledge, Pharmaceutical Patents, Infringement, Skilled Person/team, Prior Art
Intellectual Property Patents Patent Validity Obviousness Common General Knowledge Pharmaceutical Patents Infringement Skilled Person/team +1 more

Case Brief

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Parties

Teva Pharmaceutical Industries Limited

Claimant/part 20 Defendant in HP 2020 000046

Sandoz AG

Claimant/part 20 Defendant in HP 2021 000005

Astellas Pharma Inc.

Defendant/part 20 Claimant in HP 2020 000046 & HP 2021 000005

Teva UK Limited

Part 20 Defendant in HP 2020 000046 & HP 2021 000005

Sandoz Limited

Part 20 Defendant in HP 2020 000046 & HP 2021 000005

Procedural Posture

Patent Revocation and Counterclaim for Infringement / First Instance Judgment

Legal Issues

  1. 1 Whether European Patent (UK) 1 559 427 B1 is invalid for obviousness over AU 199889288 B2 ('288)
  2. 2 Whether the patent is insufficient
  3. 3 Definition of the skilled team and common general knowledge at the priority date

Ratio Decidendi

The patent was found not to be obvious over the prior art ('288), as the skilled team, defined as working on new or improved pharmacological treatments for OAB generally (not limited to β3-AR agonism), would not have found it obvious to select and test mirabegron for OAB based on the information available at the priority date. The field was broader, the prior art did not make the invention obvious, and the common general knowledge did not render the claimed invention obvious. The patent was also found sufficient. Infringement was admitted if the patent was valid.

Court Disposition

Patent held valid and infringed if valid; revocation claim dismissed.

Orders

  • Revocation claim dismissed
  • Patent held valid