Novartis Pharmaceuticals UK Ltd v Medimmune Ltd & Anor [2012] EWHC 181 (Pat) (10 February 2012)

Novartis Pharmaceuticals UK Ltd v Medimmune Ltd & Anor [2012] EWHC 181 (Pat) (10 February 2012)

The SPC for ranibizumab is invalid because ranibizumab is not specified or identified in the wording of the claims of the Patent as required by Article 3(a) of Regulation 469/2009/EC, following the interpretation of the CJEU in Medeva and its progeny. The Patent claims a general technique and does not identify ranibizumab or any specific product, thus failing the requirement for SPC protection.

Citation
[2012] EWHC 181 (Pat)
Parties
Claimant: Novartis Pharmaceuticals UK Limited; First Defendant: MedImmune Limited; Second Defendant: Medical Research Council
Jurisdiction
England and Wales
Judgment Date
10 February 2012
Procedural Posture
Patent/intellectual Property / High Court Judgment on Validity of Supplementary Protection Certificate (spc)
Outcome
Declaration granted that the SPC is invalid.
Legal Topics
Supplementary Protection Certificate (spc), Patent Infringement, Interpretation of EU Regulation 469/2009/ec, Scope of Patent Claims, Pharmaceutical Patents
Intellectual Property Law Patent Law Pharmaceutical Law Supplementary Protection Certificate (spc) Patent Infringement Interpretation of EU Regulation 469/2009/ec Scope of Patent Claims Pharmaceutical Patents

Case Brief

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Parties

Novartis Pharmaceuticals UK Limited

Claimant

MedImmune Limited

First Defendant

Medical Research Council

Second Defendant

Procedural Posture

Patent/intellectual Property / High Court Judgment on Validity of Supplementary Protection Certificate (spc)

Legal Issues

  1. 1 Whether ranibizumab is protected by the Patent within the meaning of Article 3(a) of Regulation 469/2009/EC
  2. 2 Whether the Patent qualifies as a 'basic patent' under Article 1(c) of the Regulation
  3. 3 Interpretation of 'specified or identified in the wording of the claims' for SPC eligibility

Ratio Decidendi

The SPC for ranibizumab is invalid because ranibizumab is not specified or identified in the wording of the claims of the Patent as required by Article 3(a) of Regulation 469/2009/EC, following the interpretation of the CJEU in Medeva and its progeny. The Patent claims a general technique and does not identify ranibizumab or any specific product, thus failing the requirement for SPC protection.

Court Disposition

Declaration granted that the SPC is invalid.

Orders

  • SPC No. SPC/GB09/053 declared invalid.