Sandoz AG & Ors v Biogen MA Inc (Permission to Appeal) [2024] EWHC 3347 (Pat) (07 November 2024)

Sandoz AG & Ors v Biogen MA Inc (Permission to Appeal) [2024] EWHC 3347 (Pat) (07 November 2024)

Permission to appeal was refused because Biogen did not demonstrate a realistic prospect of success on grounds 1 and 2, and the adopted construction was the best fit for the case despite its imperfections.

Source-derived case information.

Citation
[2024] EWHC 3347 (Pat)
Parties
Claimant: Sandoz AG; Claimant: Sandoz Limited; Claimant: Sandoz GmbH; Claimant: Polpharma Biologics SA; Defendant: Biogen MA Inc
Jurisdiction
England and Wales
Judgment Date
07 November 2024
Procedural Posture
Patent Litigation / Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Patent Construction, Appeal Permission, Validity of Patent Claims
Intellectual Property Patents Patent Construction Appeal Permission Validity of Patent Claims

Source-derived case record

Summary, issues, holding and outcome

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Parties

Sandoz AG

Claimant

Sandoz Limited

Claimant

Sandoz GmbH

Claimant

Polpharma Biologics SA

Claimant

Biogen MA Inc

Defendant

Procedural Posture

Patent Litigation / Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted
  2. 2 Correct construction of patent claim index value
  3. 3 Validity of patent claims

Ratio Decidendi

Permission to appeal was refused because Biogen did not demonstrate a realistic prospect of success on grounds 1 and 2, and the adopted construction was the best fit for the case despite its imperfections.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused.