Conor Medsystems Inc v Angiotech Pharmaceuticals Inc & Anor
The patent is invalid for obviousness because the skilled person, in light of the prior art (Wolff, Kopia, Katsuda), would have considered taxol an obvious candidate for testing in drug-eluting stents to prevent restenosis. The patent disclosed only the idea of using taxol, without demonstrating efficacy or safety,...
Source-derived case information.
- Parties
- Claimant: Conor Medsystems Inc.; Defendant: Angiotech Pharmaceuticals Inc.; Defendant: The University of British Columbia
- Jurisdiction
- England and Wales
- Judgment Date
- 24 February 2006
- Procedural Posture
- Patent Revocation / Final Judgment
- Outcome
- Patent revoked for obviousness
- Legal Topics
- Obviousness, Patent Validity, Drug Eluting Stents, Medical Devices
Source-derived case record
Summary, issues, holding and outcome
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Parties
Conor Medsystems Inc.
Claimant
Angiotech Pharmaceuticals Inc.
Defendant
The University of British Columbia
Defendant
Procedural Posture
Patent Revocation / Final Judgment
Legal Issues
- 1 Whether European Patent (UK) 706376 is invalid for obviousness
- 2 Whether the use of taxol in drug-eluting stents was obvious in light of prior art
Ratio Decidendi
The patent is invalid for obviousness because the skilled person, in light of the prior art (Wolff, Kopia, Katsuda), would have considered taxol an obvious candidate for testing in drug-eluting stents to prevent restenosis. The patent disclosed only the idea of using taxol, without demonstrating efficacy or safety, and thus made no inventive contribution.
Court Disposition
Patent revoked for obviousness
Orders
- European Patent (UK) 706376 is revoked
Full Case Text
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