Astrazeneca AB v Hexal AG & Ors

Astrazeneca AB v Hexal AG & Ors

The trial judge's finding that claim 1 was obvious to the skilled team at the priority date, based on common general knowledge and prior art, was not wrong in principle or fact; the appeal is dismissed.

Parties
Appellant: AstraZeneca AB; Respondent: Hexal AG & Ors
Jurisdiction
England and Wales
Judgment Date
30 April 2013
Procedural Posture
Civil Appeal / Appeal From High Court, Chancery Division, Patents Court
Outcome
Appeal dismissed
Legal Topics
Patent Validity, Obviousness, Inventive Step, Pharmaceutical Patents
Intellectual Property Patent Law Patent Validity Obviousness Inventive Step Pharmaceutical Patents

Case Brief

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Parties

AstraZeneca AB

Appellant

Hexal AG & Ors

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court, Chancery Division, Patents Court

Legal Issues

  1. 1 Whether claim 1 of European Patent (UK) No. 0,907,364 is invalid for obviousness
  2. 2 Whether the trial judge erred in principle or fact in finding the patent obvious

Ratio Decidendi

The trial judge's finding that claim 1 was obvious to the skilled team at the priority date, based on common general knowledge and prior art, was not wrong in principle or fact; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Claim 1 of European Patent (UK) No. 0,907,364 remains revoked for obviousness
  • No reconsideration of claim 15