Gedeon Richter Plc v Bayer Pharma AG

Gedeon Richter Plc v Bayer Pharma AG

The amendments to the patents did not constitute added matter as the parent application disclosed, explicitly and implicitly, that rapid dissolution could be achieved by any known method, not limited to micronisation or spraying. The patents were not invalid for obviousness because the prior art did not provide sufficient encouragement or expectation of success to try immediate release formulations; the inventive step was not obvious to the skilled person.

Parties
Appellant: Gedeon Richter plc; Respondent: Bayer Pharma AG
Jurisdiction
England and Wales
Judgment Date
07 March 2012
Procedural Posture
Civil Appeal / Appeal From High Court (patents Court)
Outcome
Appeal dismissed
Legal Topics
Added Matter, Obviousness, Pharmaceutical Patents, Patent Amendment
Intellectual Property Patent Law Added Matter Obviousness Pharmaceutical Patents Patent Amendment

Case Brief

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Parties

Gedeon Richter plc

Appellant

Bayer Pharma AG

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (patents Court)

Legal Issues

  1. 1 Whether the amendments to patents EP (UK) Nos. 1,380,301 and 1,598,069 constitute added matter
  2. 2 Whether the patents are invalid for obviousness over prior art

Ratio Decidendi

The amendments to the patents did not constitute added matter as the parent application disclosed, explicitly and implicitly, that rapid dissolution could be achieved by any known method, not limited to micronisation or spraying. The patents were not invalid for obviousness because the prior art did not provide sufficient encouragement or expectation of success to try immediate release formulations; the inventive step was not obvious to the skilled person.

Court Disposition

Appeal dismissed

Orders

  • Appeal on added matter dismissed
  • Appeal on obviousness dismissed