Hospira UK Ltd v Genentech Inc

Hospira UK Ltd v Genentech Inc

The patent claims are novel over Baselga 97 because the prior art did not directly and unambiguously disclose the claimed clinical benefit as measured by increased time to disease progression. However, the claims are obvious because the skilled person, motivated by the need for improved HER2-positive breast cancer...

Source-derived case information.

Parties
Claimant: Hospira UK Limited; Defendant: Genentech Inc
Jurisdiction
England and Wales
Judgment Date
24 June 2015
Procedural Posture
Patent Revocation / Judgment After Trial
Outcome
Patent revoked as invalid for lack of inventive step (obviousness)
Legal Topics
Novelty, Inventive Step (obviousness), Pharmaceutical Patents, Combination Therapy, Patent Validity
Intellectual Property Patents Novelty Inventive Step (obviousness) Pharmaceutical Patents Combination Therapy Patent Validity

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Parties

Hospira UK Limited

Claimant

Genentech Inc

Defendant

Procedural Posture

Patent Revocation / Judgment After Trial

Legal Issues

  1. 1 Whether the claims of Genentech's European Patent (UK) No. 1 037 926 are novel over Baselga 97
  2. 2 Whether the claims are obvious in light of Baselga 97

Ratio Decidendi

The patent claims are novel over Baselga 97 because the prior art did not directly and unambiguously disclose the claimed clinical benefit as measured by increased time to disease progression. However, the claims are obvious because the skilled person, motivated by the need for improved HER2-positive breast cancer treatments and in light of Baselga 97 and common general knowledge, would have had a fair expectation of success in combining trastuzumab with a taxane, making the claimed invention obvious.

Court Disposition

Patent revoked as invalid for lack of inventive step (obviousness)

Orders

  • The claims of European Patent (UK) No. 1 037 926 are held invalid for obviousness over Baselga 97.