Allergan, Inc & Anor v Aspire Pharma Ltd

Allergan, Inc & Anor v Aspire Pharma Ltd

The patent claims, including claim 18, are invalid for obviousness because the formulation of 0.01% bimatoprost with 0.02% BAK was obvious to the skilled team in light of Laibovitz and common general knowledge; there were no technical reasons to avoid 200 ppm BAK, and its use as a preservative and penetration enhancer was well-known.

Parties
Claimant: Allergan, Inc; Claimant: Allergan Limited; Defendant: Aspire Pharma Limited; Defendant: Accord Healthcare Limited
Jurisdiction
England and Wales
Judgment Date
03 May 2019
Procedural Posture
Patent Infringement and Validity / Final Judgment
Outcome
Patent invalidated for obviousness.
Legal Topics
Obviousness, Insufficiency, Pharmaceutical Formulation, Patent Amendment
Intellectual Property Patent Law Obviousness Insufficiency Pharmaceutical Formulation Patent Amendment

Case Brief

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Parties

Allergan, Inc

Claimant

Allergan Limited

Claimant

Aspire Pharma Limited

Defendant

Accord Healthcare Limited

Defendant

Procedural Posture

Patent Infringement and Validity / Final Judgment

Legal Issues

  1. 1 Whether the patent claims are invalid for obviousness over prior art (Laibovitz)
  2. 2 Whether the patent claims are insufficient
  3. 3 Whether the proposed amendment (claim 18) cures obviousness

Ratio Decidendi

The patent claims, including claim 18, are invalid for obviousness because the formulation of 0.01% bimatoprost with 0.02% BAK was obvious to the skilled team in light of Laibovitz and common general knowledge; there were no technical reasons to avoid 200 ppm BAK, and its use as a preservative and penetration enhancer was well-known.

Court Disposition

Patent invalidated for obviousness.

Orders

  • Patent claims, including claim 18, are invalid.
  • No relief granted to Allergan.