Teva UK Ltd & Ors v Astrazeneca AB

Teva UK Ltd & Ors v Astrazeneca AB

The patent is invalid for obviousness because the skilled team, based on common general knowledge and the Gefvert prior art, would find it routine and obvious to formulate a sustained release version of quetiapine using HPMC, and the problems identified in the patent are illusory. Claim 15 is also obvious as the use of sodium citrate as a pH modifier was common general knowledge.

Parties
Claimant: Teva UK Limited; Claimant: Teva Pharmaceutical Industries Limited; Claimant: Accord Healthcare Limited; Claimant: Intas Pharmaceuticals Limited; Claimant: Hexal AG; Claimant: Sandoz Limited; Defendant: AstraZeneca AB
Jurisdiction
England and Wales
Judgment Date
22 March 2012
Procedural Posture
Patent Revocation / Judgment After Trial
Outcome
Patent revoked as invalid for obviousness.
Legal Topics
Obviousness, Inventive Step, Pharmaceutical Patents, Sustained Release Formulations
Intellectual Property Patents Obviousness Inventive Step Pharmaceutical Patents Sustained Release Formulations

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Parties

Teva UK Limited

Claimant

Teva Pharmaceutical Industries Limited

Claimant

Accord Healthcare Limited

Claimant

Intas Pharmaceuticals Limited

Claimant

Hexal AG

Claimant

Sandoz Limited

Claimant

AstraZeneca AB

Defendant

Procedural Posture

Patent Revocation / Judgment After Trial

Legal Issues

  1. 1 Whether European Patent (UK) No. 0 907 364 is invalid for obviousness over prior art (Gefvert)
  2. 2 Whether claim 15 is independently valid

Ratio Decidendi

The patent is invalid for obviousness because the skilled team, based on common general knowledge and the Gefvert prior art, would find it routine and obvious to formulate a sustained release version of quetiapine using HPMC, and the problems identified in the patent are illusory. Claim 15 is also obvious as the use of sodium citrate as a pH modifier was common general knowledge.

Court Disposition

Patent revoked as invalid for obviousness.

Orders

  • European Patent (UK) No. 0 907 364 is revoked.