Novo Nordisk A/S v. DSM NV [2000] EWHC Patents 34 (21st December, 2000)

Novo Nordisk A/S v. DSM NV [2000] EWHC Patents 34 (21st December, 2000)

The patent was found invalid for obviousness over common general knowledge and the Ullah 1988 paper, as the use of Flat Bed IEF for purification of phytase did not constitute an inventive step beyond what was already known or obvious to the skilled person at the priority date. The claims were also found insufficient as the specification did not enable the invention to be performed across the full width of the claims without undue burden or invention. No added matter was found beyond the application as filed.

Citation
[2000] EWHC Patents 34
Parties
Claimant: Novo Nordisk A/S; Defendant: DSM N.V.
Jurisdiction
England and Wales
Procedural Posture
Patent Revocation / First Instance Judgment
Outcome
Patent revoked
Legal Topics
Patent Validity, Obviousness, Insufficiency, Added Matter, Biotechnology Patents
Intellectual Property Law Patent Law Patent Validity Obviousness Insufficiency Added Matter Biotechnology Patents

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Parties

Novo Nordisk A/S

Claimant

DSM N.V.

Defendant

Procedural Posture

Patent Revocation / First Instance Judgment

Legal Issues

  1. 1 Whether European Patent No. 0420358 is invalid for obviousness over common general knowledge, obviousness over Ullah 1988, obviousness over nature, insufficiency, and added matter.

Ratio Decidendi

The patent was found invalid for obviousness over common general knowledge and the Ullah 1988 paper, as the use of Flat Bed IEF for purification of phytase did not constitute an inventive step beyond what was already known or obvious to the skilled person at the priority date. The claims were also found insufficient as the specification did not enable the invention to be performed across the full width of the claims without undue burden or invention. No added matter was found beyond the application as filed.

Court Disposition

Patent revoked

Orders

  • European Patent No. 0420358 is revoked for invalidity on grounds of obviousness and insufficiency.