Ranbaxy (UK) Ltd v Astrazeneca AB [2011] EWHC 1831 (Pat) (15 July 2011)

Ranbaxy (UK) Ltd v Astrazeneca AB [2011] EWHC 1831 (Pat) (15 July 2011)

Claim 1, construed purposively in context, is directed to the use of magnesium esomeprazole with an optical purity of ≥ 99.8% e.e. for the manufacture of a medicament containing that active ingredient; Ranbaxy's product does not contain such compound and therefore does not infringe.

Citation
[2011] EWHC 1831 (Pat)
Parties
Claimant: Ranbaxy (UK) Limited; Defendant: AstraZeneca AB
Jurisdiction
England and Wales
Judgment Date
15 July 2011
Procedural Posture
Patent Infringement and Revocation / Judgment After Preliminary Trial on Infringement
Outcome
Declaration of non-infringement granted to Ranbaxy; AstraZeneca's counterclaim for infringement dismissed.
Legal Topics
Patent Interpretation, Swiss Form Claims, Second Medical Use, Infringement, Non Infringement, Therapeutic Use
Intellectual Property Pharmaceuticals Patent Interpretation Swiss Form Claims Second Medical Use Infringement Non Infringement Therapeutic Use

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Parties

Ranbaxy (UK) Limited

Claimant

AstraZeneca AB

Defendant

Procedural Posture

Patent Infringement and Revocation / Judgment After Preliminary Trial on Infringement

Legal Issues

  1. 1 Proper interpretation of claim 1 of EP 1 020 461
  2. 2 Scope of Swiss form claims
  3. 3 Whether Ranbaxy's product infringes the patent

Ratio Decidendi

Claim 1, construed purposively in context, is directed to the use of magnesium esomeprazole with an optical purity of ≥ 99.8% e.e. for the manufacture of a medicament containing that active ingredient; Ranbaxy's product does not contain such compound and therefore does not infringe.

Court Disposition

Declaration of non-infringement granted to Ranbaxy; AstraZeneca's counterclaim for infringement dismissed.

Orders

  • Ranbaxy entitled to declaration of non-infringement.
  • AstraZeneca's counterclaim for infringement fails.