Novartis Pharmaceuticals UK Ltd v Medimmune Ltd & Anor

Novartis Pharmaceuticals UK Ltd v Medimmune Ltd & Anor

Ranibizumab is not identified in the wording of claim 1 of the Patent as the product deriving from the process in question. The claim covers a broad class of molecules and does not specify or identify ranibizumab. Therefore, the SPC is invalid under Article 3(a) of Regulation 469/2009/EC.

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 / Judgment at First Instance (high Court)
Outcome
SPC declared invalid
Legal Topics
Supplementary Protection Certificate (spc), Validity of SPC, Interpretation of Regulation 469/2009/ec, Scope of Patent Claims, Process Claims, Pharmaceutical Patents
Intellectual Property Law Patent Law European Union Law Supplementary Protection Certificate (spc) Validity of SPC Interpretation of Regulation 469/2009/ec Scope of Patent Claims Process Claims +1 more

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Parties

Novartis Pharmaceuticals UK Limited

Claimant

MedImmune Limited

First Defendant

Medical Research Council

Second Defendant

Procedural Posture

Patent/intellectual Property / Judgment at First Instance (high Court)

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 is a basic patent within the meaning of Article 1(c) of the Regulation
  3. 3 Whether the SPC is valid

Ratio Decidendi

Ranibizumab is not identified in the wording of claim 1 of the Patent as the product deriving from the process in question. The claim covers a broad class of molecules and does not specify or identify ranibizumab. Therefore, the SPC is invalid under Article 3(a) of Regulation 469/2009/EC.

Court Disposition

SPC declared invalid

Orders

  • The Supplementary Protection Certificate (SPC) is declared invalid.