Sandoz AG & Ors v Biogen MA Inc (Permission to Appeal)

Sandoz AG & Ors v Biogen MA Inc (Permission to Appeal)

Permission to appeal was refused because Biogen did not demonstrate a realistic prospect of success on grounds 1 and 2, and the judgment was not internally inconsistent as alleged.

Parties
Claimant: Sandoz AG; Claimant: Sandoz Limited; Claimant: Sandoz GmbH; Claimant: Polpharma Biologics SA; Defendant: Biogen MA Inc
Jurisdiction
England and Wales
Judgment Date
20 December 2024
Procedural Posture
Patent / Application for Permission to Appeal
Outcome
permission to appeal refused
Legal Topics
Claim Construction, Permission to Appeal, Patent Validity

Case Brief

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 / Application for Permission to Appeal

  1. 1 Whether permission to appeal should be granted based on grounds relating to claim construction and patent validity

Ratio Decidendi

Permission to appeal was refused because Biogen did not demonstrate a realistic prospect of success on grounds 1 and 2, and the judgment was not internally inconsistent as alleged.

Court Disposition

permission to appeal refused

Orders

  • permission to appeal is refused