Teva UK Ltd & Anor v Astrazeneca AB (Rev 1)

Teva UK Ltd & Anor v Astrazeneca AB (Rev 1)

The patent is invalid for obviousness because the combination of formoterol and budesonide for both maintenance and relief therapy was obvious to a skilled person at the priority date in light of the 1993 Patent and common general knowledge. The patent was not anticipated by the 1993 Patent. Proposed amendments to the claims are not allowable as they add matter through intermediate generalisation and do not provide a complete solution to the technical problem.

Parties
Claimant: Teva UK Limited; Claimant: Teva Pharmaceutical Industries Limited; Defendant: AstraZeneca AB; Claimant: AstraZeneca AB; Claimant: AstraZeneca UK Limited; Defendant: Teva Pharma BV; Defendant: Teva Pharmaceutical Industries Limited; Defendant: Teva UK Limited
Jurisdiction
England and Wales
Judgment Date
02 September 2014
Procedural Posture
Patent Revocation and Infringement / Final Judgment
Outcome
Patent found invalid for obviousness; anticipation challenge rejected; amendments to claims rejected.
Legal Topics
Patent Validity, Obviousness, Anticipation, Amendment of Patent Claims, Combination Therapy Patents
Intellectual Property Patent Law Patent Validity Obviousness Anticipation Amendment of Patent Claims Combination Therapy Patents

Case Brief

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Parties

Teva UK Limited

Claimant

Teva Pharmaceutical Industries Limited

Claimant

AstraZeneca AB

Defendant

AstraZeneca AB

Claimant

AstraZeneca UK Limited

Claimant

Teva Pharma BV

Defendant

Teva Pharmaceutical Industries Limited

Defendant

Teva UK Limited

Defendant

Procedural Posture

Patent Revocation and Infringement / Final Judgment

Legal Issues

  1. 1 Whether European Patent (UK) No. 1,085,877 is invalid for obviousness
  2. 2 Whether the patent is anticipated by WO '773 (the 1993 Patent)
  3. 3 Whether proposed amendments to the patent claims are allowable

Ratio Decidendi

The patent is invalid for obviousness because the combination of formoterol and budesonide for both maintenance and relief therapy was obvious to a skilled person at the priority date in light of the 1993 Patent and common general knowledge. The patent was not anticipated by the 1993 Patent. Proposed amendments to the claims are not allowable as they add matter through intermediate generalisation and do not provide a complete solution to the technical problem.

Court Disposition

Patent found invalid for obviousness; anticipation challenge rejected; amendments to claims rejected.

Orders

  • Patent revoked for obviousness.
  • Amended claims not allowed due to added matter.