Ralcon Research LLC & Anor v Ctavis Group PTC EHF & Ors

Ralcon Research LLC & Anor v Ctavis Group PTC EHF & Ors

The patent is not anticipated by EP 800 as the relevant disclosure is only in combination and excluded by claim proviso; the patent is not obvious over Stjernschantz because the skilled team would not have selected fluprostenol isopropyl ester based solely on FP receptor profile, and the field's uncertainties and structure-activity relationship work would not have led to the invention without inventive step.

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 Action / Final Judgment
Outcome
patent upheld as valid
Legal Topics
Patent Validity, Anticipation, Obviousness, Common General Knowledge, Second Medical Use Claims
Intellectual Property Patents Patent Validity Anticipation Obviousness Common General Knowledge Second Medical Use Claims

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 Action / Final Judgment

Legal Issues

  1. 1 Whether European Patent (UK) No. EP 1 920 764 is invalid for anticipation or obviousness
  2. 2 Whether the patent makes plausible the claimed therapeutic effect for second medical use claims
  3. 3 Whether the skilled team would have found the invention obvious over prior art

Ratio Decidendi

The patent is not anticipated by EP 800 as the relevant disclosure is only in combination and excluded by claim proviso; the patent is not obvious over Stjernschantz because the skilled team would not have selected fluprostenol isopropyl ester based solely on FP receptor profile, and the field's uncertainties and structure-activity relationship work would not have led to the invention without inventive step.

Court Disposition

patent upheld as valid

Orders

  • Patent is valid; no amendment required.
  • Anticipation and obviousness attacks dismissed.