Ralcon Research LLC & Anor v Ctavis Group PTC EHF & Ors [2021] EWHC 1026 (Pat) (23 April 2021)

Ralcon Research LLC & Anor v Ctavis Group PTC EHF & Ors [2021] EWHC 1026 (Pat) (23 April 2021)

The skilled team is a prostaglandin specialist team, not a glaucoma generalist. The common general knowledge includes the Coleman classification system and knowledge of prostaglandin analogues for glaucoma. The patent is not anticipated by EP 800, and the claims are not obvious over Stjernschantz. The patent is valid.

Citation
[2021] EWHC 1026 (Pat)
Parties
Claimant: Alcon Research LLC; Claimant: Alcon Pharmaceuticals Limited; Defendant: Actavis Group PTC EHF; Defendant: Accord-UK Limited; Defendant: Pharmathen SA; Defendant: Aspire Pharma Limited
Jurisdiction
England and Wales
Judgment Date
23 April 2021
Procedural Posture
Patent Revocation and Validity / High Court Trial Judgment
Outcome
Patent held valid; revocation action dismissed.
Legal Topics
Patent Validity, Obviousness, Novelty, Common General Knowledge, Second Medical Use Claims, Pharmaceutical Patents
Intellectual Property Patents Patent Validity Obviousness Novelty Common General Knowledge Second Medical Use Claims Pharmaceutical Patents

Case Brief

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Parties

Alcon Research LLC

Claimant

Alcon Pharmaceuticals Limited

Claimant

Actavis Group PTC EHF

Defendant

Accord-UK Limited

Defendant

Pharmathen SA

Defendant

Aspire Pharma Limited

Defendant

Procedural Posture

Patent Revocation and Validity / High Court Trial Judgment

Legal Issues

  1. 1 Whether European Patent (UK) No. EP 1 920 764 is invalid for lack of novelty or obviousness
  2. 2 Whether the skilled team is a 'glaucoma generalist' or 'prostaglandin specialist'
  3. 3 What constitutes the common general knowledge at the priority date

Ratio Decidendi

The skilled team is a prostaglandin specialist team, not a glaucoma generalist. The common general knowledge includes the Coleman classification system and knowledge of prostaglandin analogues for glaucoma. The patent is not anticipated by EP 800, and the claims are not obvious over Stjernschantz. The patent is valid.

Court Disposition

Patent held valid; revocation action dismissed.

Orders

  • Patent remains valid.
  • No order for revocation.