Fujifilm Kyowa Kirin Biologics Company Ltd v Abbvie Biotechnology Ltd (Rev 1)

Fujifilm Kyowa Kirin Biologics Company Ltd v Abbvie Biotechnology Ltd (Rev 1)

The administration of biosimilar adalimumab at 40mg every other week for the treatment of rheumatoid arthritis, psoriasis, and psoriatic arthritis was obvious or anticipated at the relevant priority dates in light of the prior art (Kempeni 1999/2000 and related studies). AbbVie was entitled to claim priority as 'successor in title' at the relevant date. However, given AbbVie's conduct of abandoning UK patent protection while threatening enforcement and filing divisionals, and the resulting commercial uncertainty, it was just and served a useful purpose to grant the declarations sought by the Claimants.

Parties
Claimant: Fujifilm Kyowa Kirin Biologics Company Limited; Claimant: Samsung Bioepis UK Limited; Claimant: Biogen Idec Limited; Defendant: AbbVie Biotechnology Limited
Jurisdiction
England and Wales
Judgment Date
03 March 2017
Procedural Posture
Patent/intellectual Property / Judgment After Trial
Outcome
Declarations granted in favour of the Claimants; patents found obvious/anticipated; chain of title upheld.
Legal Topics
Patent Validity, Obviousness, Anticipation, Declaratory Relief, Employee Inventions, Chain of Title, Biosimilars, Pharmaceutical Patents
Intellectual Property Patents Pharmaceutical Law Patent Validity Obviousness Anticipation Declaratory Relief Employee Inventions +3 more

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Parties

Fujifilm Kyowa Kirin Biologics Company Limited

Claimant

Samsung Bioepis UK Limited

Claimant

Biogen Idec Limited

Claimant

AbbVie Biotechnology Limited

Defendant

Procedural Posture

Patent/intellectual Property / Judgment After Trial

Legal Issues

  1. 1 Whether the administration of biosimilar adalimumab at 40mg every other week for RA, psoriasis, and psoriatic arthritis was obvious or anticipated at the relevant priority dates
  2. 2 Whether the applicant for the patent was entitled to claim priority from the US provisional application (chain of title)
  3. 3 Whether declarations (Arrow declarations) should be granted in the circumstances, given the defendant's conduct

Ratio Decidendi

The administration of biosimilar adalimumab at 40mg every other week for the treatment of rheumatoid arthritis, psoriasis, and psoriatic arthritis was obvious or anticipated at the relevant priority dates in light of the prior art (Kempeni 1999/2000 and related studies). AbbVie was entitled to claim priority as 'successor in title' at the relevant date. However, given AbbVie's conduct of abandoning UK patent protection while threatening enforcement and filing divisionals, and the resulting commercial uncertainty, it was just and served a useful purpose to grant the declarations sought by the Claimants.

Court Disposition

Declarations granted in favour of the Claimants; patents found obvious/anticipated; chain of title upheld.

Orders

  • Declarations that the administration of biosimilar adalimumab at 40mg every other week for RA, psoriasis, and psoriatic arthritis was obvious or anticipated at the relevant priority dates
  • Costs to the Claimants