Baxter Healthcare Corporation & Anor v Abbott Laboratories & Anor

Baxter Healthcare Corporation & Anor v Abbott Laboratories & Anor

The patent is invalid due to anticipation by prior art (Kawai, Maruishi sales), insufficiency of disclosure regarding the amount of Lewis acid inhibitor required, and added matter (reference to soda lime not present in the application as filed). Baxter's product does not infringe as its water content is below the threshold construed from the patent specification, and the container lining does not constitute a combined Lewis acid inhibitor.

Parties
Claimant: Baxter Healthcare Corporation; Claimant: Baxter Healthcare Limited; Defendant: Abbott Laboratories; Defendant: Central Glass Company Limited
Jurisdiction
England and Wales
Judgment Date
02 March 2007
Procedural Posture
Patent Revocation and Declaration of Non Infringement / Final Judgment
Outcome
patent revoked
Legal Topics
Patent Validity, Patent Infringement, Added Matter, Insufficiency, Novelty, Obviousness, Prior Use
Intellectual Property Patents Patent Validity Patent Infringement Added Matter Insufficiency Novelty Obviousness +1 more

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Parties

Baxter Healthcare Corporation

Claimant

Baxter Healthcare Limited

Claimant

Abbott Laboratories

Defendant

Central Glass Company Limited

Defendant

Procedural Posture

Patent Revocation and Declaration of Non Infringement / Final Judgment

Legal Issues

  1. 1 Whether the patent EP (UK) 0967975 is valid
  2. 2 Whether Baxter's product infringes the patent
  3. 3 Whether the patent specification is sufficient

Ratio Decidendi

The patent is invalid due to anticipation by prior art (Kawai, Maruishi sales), insufficiency of disclosure regarding the amount of Lewis acid inhibitor required, and added matter (reference to soda lime not present in the application as filed). Baxter's product does not infringe as its water content is below the threshold construed from the patent specification, and the container lining does not constitute a combined Lewis acid inhibitor.

Court Disposition

patent revoked

Orders

  • Patent EP (UK) 0967975 revoked in its entirety.
  • Declaration of non-infringement would have been granted if patent valid.