Gilead Sciences Inc & Anor v NuCana PLC [2023] EWHC 611 (Pat) (21 March 2023)

Gilead Sciences Inc & Anor v NuCana PLC [2023] EWHC 611 (Pat) (21 March 2023)

The patents are invalid for insufficiency due to undue burden in synthesising the claimed compounds, particularly the 2MU2FD class, and for lack of plausibility and technical contribution across the scope of the claims. The amendments proposed to EP190 do not cure the defects. As the patents are invalid, the infringement counterclaim fails.

Citation
[2023] EWHC 611 (Pat)
Parties
Claimant/part 20 Defendant: Gilead Sciences Inc.; Claimant/part 20 Defendant: Gilead Sciences Limited; Defendant/part 20 Claimant: NuCana PLC
Jurisdiction
England and Wales
Judgment Date
21 March 2023
Procedural Posture
Patent Revocation and Counterclaim for Infringement / First Instance Judgment After Trial
Outcome
Patents revoked; counterclaim for infringement dismissed
Legal Topics
Patent Validity, Added Matter, Plausibility, Industrial Applicability, Insufficiency, Obviousness, Infringement
Intellectual Property Patents Patent Validity Added Matter Plausibility Industrial Applicability Insufficiency Obviousness +1 more

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Parties

Gilead Sciences Inc.

Claimant/part 20 Defendant

Gilead Sciences Limited

Claimant/part 20 Defendant

NuCana PLC

Defendant/part 20 Claimant

Procedural Posture

Patent Revocation and Counterclaim for Infringement / First Instance Judgment After Trial

Legal Issues

  1. 1 Whether the patents EP190 and EP365 are invalid for added matter
  2. 2 Whether the patents lack plausibility or technical contribution
  3. 3 Whether the patents lack industrial applicability

Ratio Decidendi

The patents are invalid for insufficiency due to undue burden in synthesising the claimed compounds, particularly the 2MU2FD class, and for lack of plausibility and technical contribution across the scope of the claims. The amendments proposed to EP190 do not cure the defects. As the patents are invalid, the infringement counterclaim fails.

Court Disposition

Patents revoked; counterclaim for infringement dismissed

Orders

  • EP190 and EP365 revoked for insufficiency and lack of plausibility
  • Counterclaim for infringement by NuCana dismissed