Hospira UK Ltd v Genentech Inc

Hospira UK Ltd v Genentech Inc

Both the 115 and 455 patents are invalid. The 115 patent is obvious over the FDA label and common general knowledge; if not obvious, it would be insufficient and not entitled to priority. The 455 patent lacks novelty over Andya and is obvious over Waterside and common general knowledge. Hospira's proposed formulations with >24.5% acidic variants do not infringe the 455 patent.

Parties
Claimant: Hospira UK Limited; Defendant: Genentech Inc.
Jurisdiction
England and Wales
Judgment Date
10 April 2014
Procedural Posture
Patent Invalidity and Non Infringement Proceedings / Judgment After Trial
Outcome
Both patents declared invalid; declaration of non-infringement granted for specified Hospira products.
Legal Topics
Patent Validity, Obviousness, Sufficiency, Priority, Novelty, Non Infringement
Intellectual Property Patents Patent Validity Obviousness Sufficiency Priority Novelty Non Infringement

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Parties

Hospira UK Limited

Claimant

Genentech Inc.

Defendant

Procedural Posture

Patent Invalidity and Non Infringement Proceedings / Judgment After Trial

Legal Issues

  1. 1 Whether EP 1 210 115 and EP 1 308 455 patents are invalid for obviousness, insufficiency, or lack of novelty
  2. 2 Whether the patents are entitled to priority
  3. 3 Whether Hospira's proposed products infringe the 455 patent

Ratio Decidendi

Both the 115 and 455 patents are invalid. The 115 patent is obvious over the FDA label and common general knowledge; if not obvious, it would be insufficient and not entitled to priority. The 455 patent lacks novelty over Andya and is obvious over Waterside and common general knowledge. Hospira's proposed formulations with >24.5% acidic variants do not infringe the 455 patent.

Court Disposition

Both patents declared invalid; declaration of non-infringement granted for specified Hospira products.

Orders

  • EP 1 210 115 and EP 1 308 455 patents declared invalid.
  • Declaration of non-infringement granted for Hospira's trastuzumab formulations with 25%-29% acidic variants.