Gedeon Richter Plc v Bayer Schering Pharma AG

Gedeon Richter Plc v Bayer Schering Pharma AG

Claims limited by the Paddle dissolution test (claim 1 of 301 and claim 6 of 069) are not invalid for obviousness over Oelkers or Lachnit, as the skilled formulator would not obviously proceed with an immediate release formulation given the acid lability of DSP. Claims 1 and 19 of 069 (not limited by the Paddle test) lack inventive step and are invalid for obviousness. Added matter objections fail except for the 3mg loading point, which is addressed by amendment.

Parties
Claimant: Gedeon Richter PLC; Defendant: Bayer Schering Pharma AG
Jurisdiction
England and Wales
Judgment Date
17 March 2011
Procedural Posture
Patent Revocation / Judgment
Outcome
Partial revocation and amendment
Legal Topics
Obviousness, Added Matter, Patent Construction, Pharmaceutical Formulation
Intellectual Property Patent Law Obviousness Added Matter Patent Construction Pharmaceutical Formulation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Gedeon Richter PLC

Claimant

Bayer Schering Pharma AG

Defendant

Procedural Posture

Patent Revocation / Judgment

Legal Issues

  1. 1 Whether the patents are invalid for obviousness over prior art
  2. 2 Whether the patents are invalid for added matter
  3. 3 Proper construction of patent claims

Ratio Decidendi

Claims limited by the Paddle dissolution test (claim 1 of 301 and claim 6 of 069) are not invalid for obviousness over Oelkers or Lachnit, as the skilled formulator would not obviously proceed with an immediate release formulation given the acid lability of DSP. Claims 1 and 19 of 069 (not limited by the Paddle test) lack inventive step and are invalid for obviousness. Added matter objections fail except for the 3mg loading point, which is addressed by amendment.

Court Disposition

Partial revocation and amendment

Orders

  • 301 patent to be amended to address the 3mg loading point
  • Claims 1 and 19 of 069 revoked for obviousness