Pfizer Limited v GlaxoSmithKline Biological SA & Anor

Pfizer Limited v GlaxoSmithKline Biological SA & Anor

Both EP258 and EP710 are invalid for obviousness over the cited prior art (Yin, Jardetzky disclosures, ASV Abstract, WO456). The skilled team, comprising a vaccinologist and a structural biologist, would have found it obvious to stabilise the RSV F protein in the prefusion conformation using a trimerisation domain, and to use such an antigen as a vaccine. The patents are not insufficient or implausible, but even if valid, would not be infringed by Pfizer's RSVPreF product due to the construction of 'polypeptide'. Arrow declaratory relief is justified to provide commercial certainty for Pfizer's RSV vaccine.

Parties
Claimant: Pfizer Limited; Defendant: GlaxoSmithKline Biologicals S.A.; Defendant: ID Biomedical Corporation of Quebec
Jurisdiction
England and Wales
Judgment Date
10 July 2024
Procedural Posture
Patent Revocation and Infringement / Final Judgment After Trial
Outcome
Patents EP258 and EP710 declared invalid for obviousness; no infringement by Pfizer; Arrow declaration granted.
Legal Topics
Patent Validity, Patent Infringement, Obviousness, Sufficiency, Plausibility, Arrow Declarations
Intellectual Property Patents Patent Validity Patent Infringement Obviousness Sufficiency Plausibility Arrow Declarations

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Parties

Pfizer Limited

Claimant

GlaxoSmithKline Biologicals S.A.

Defendant

ID Biomedical Corporation of Quebec

Defendant

Procedural Posture

Patent Revocation and Infringement / Final Judgment After Trial

Legal Issues

  1. 1 Whether EP (UK) 3 109 258 and EP (UK) 2 222 710 are invalid for obviousness
  2. 2 Whether the patents are insufficient or lack plausibility
  3. 3 Whether Pfizer's RSVPreF product infringes the patents

Ratio Decidendi

Both EP258 and EP710 are invalid for obviousness over the cited prior art (Yin, Jardetzky disclosures, ASV Abstract, WO456). The skilled team, comprising a vaccinologist and a structural biologist, would have found it obvious to stabilise the RSV F protein in the prefusion conformation using a trimerisation domain, and to use such an antigen as a vaccine. The patents are not insufficient or implausible, but even if valid, would not be infringed by Pfizer's RSVPreF product due to the construction of 'polypeptide'. Arrow declaratory relief is justified to provide commercial certainty for Pfizer's RSV vaccine.

Court Disposition

Patents EP258 and EP710 declared invalid for obviousness; no infringement by Pfizer; Arrow declaration granted.

Orders

  • EP258 and EP710 revoked for obviousness
  • Declaration of non-infringement in favour of Pfizer