Hospira UK Ltd v Cubist Pharmaceuticals LLC [2016] EWHC 1285 (Pat) (10 June 2016)

Hospira UK Ltd v Cubist Pharmaceuticals LLC [2016] EWHC 1285 (Pat) (10 June 2016)

The court found that the 417 Patent was not entitled to either of its claimed priority dates and was therefore anticipated and/or rendered obvious by the Cubist Press Release and Woodworth. The 179 Patent was found to lack inventive step over US 4,874,843 and common general knowledge. The 047 Patent was found to lack inventive step over Lin & Jiang. The general insufficiency attack based on the definition of 'daptomycin' was rejected. All three patents were held invalid.

Citation
[2016] EWHC 1285 (Pat)
Parties
Claimant: Hospira UK Limited; Defendant: Cubist Pharmaceuticals LLC
Jurisdiction
England and Wales
Judgment Date
10 June 2016
Procedural Posture
Patent Revocation and Validity Trial / High Court (patents Court) First Instance Judgment
Outcome
All three patents (EP (UK) 1,115,417; EP (UK) 1,252,179; EP (UK) 2,264,047) held invalid and revoked.
Legal Topics
Patent Validity, Inventive Step, Obviousness, Anticipation, Added Matter, Enablement, Pharmaceutical Patents, Antibiotic Dosing Regimens, Purification Processes
Intellectual Property Patents Patent Validity Inventive Step Obviousness Anticipation Added Matter Enablement +3 more

Case Brief

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Parties

Hospira UK Limited

Claimant

Cubist Pharmaceuticals LLC

Defendant

Procedural Posture

Patent Revocation and Validity Trial / High Court (patents Court) First Instance Judgment

Legal Issues

  1. 1 Whether the 417 Patent is entitled to its claimed priority dates
  2. 2 Whether the 417 Patent is anticipated or rendered obvious by prior art (Cubist Press Release, Woodworth)
  3. 3 Whether the 417 Patent as proposed to be amended adds matter or lacks clarity

Ratio Decidendi

The court found that the 417 Patent was not entitled to either of its claimed priority dates and was therefore anticipated and/or rendered obvious by the Cubist Press Release and Woodworth. The 179 Patent was found to lack inventive step over US 4,874,843 and common general knowledge. The 047 Patent was found to lack inventive step over Lin & Jiang. The general insufficiency attack based on the definition of 'daptomycin' was rejected. All three patents were held invalid.

Court Disposition

All three patents (EP (UK) 1,115,417; EP (UK) 1,252,179; EP (UK) 2,264,047) held invalid and revoked.

Orders

  • Revocation of EP (UK) 1,115,417
  • Revocation of EP (UK) 1,252,179