Teva Pharmaceutical Industries Ltd. v Istituto Gentili Spa& Ors

Teva Pharmaceutical Industries Ltd. v Istituto Gentili Spa& Ors

Both patents were invalid for lack of novelty and obviousness. The 042 patent was anticipated and obvious in light of prior art (Blum, Kabachnik, Fleisch). The 292 patent claim was invalid as it constituted a method of treatment excluded from patentability, and was also obvious in light of Lunar News publications...

Source-derived case information.

Parties
Claimant: Teva Pharmaceutical Industries Ltd; Claimant: Arrow Generics Ltd; Claimant: Generics (UK) Ltd; Defendant: Istituto Gentili SpA; Defendant: Merck & Co Inc
Jurisdiction
England and Wales
Judgment Date
21 January 2003
Procedural Posture
Patent Revocation / Final Judgment
Outcome
Patents revoked as invalid
Legal Topics
Patent Validity, Novelty, Obviousness, Pharmaceutical Patents, Method of Treatment Exclusion
Intellectual Property Patent Law Patent Validity Novelty Obviousness Pharmaceutical Patents Method of Treatment Exclusion

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Parties

Teva Pharmaceutical Industries Ltd

Claimant

Arrow Generics Ltd

Claimant

Generics (UK) Ltd

Claimant

Istituto Gentili SpA

Defendant

Merck & Co Inc

Defendant

Procedural Posture

Patent Revocation / Final Judgment

Legal Issues

  1. 1 Whether patents 2,118,042 and EP (UK) 0,998,292 are invalid for lack of novelty and obviousness
  2. 2 Whether the 292 patent claim constitutes a method of treatment excluded from patentability

Ratio Decidendi

Both patents were invalid for lack of novelty and obviousness. The 042 patent was anticipated and obvious in light of prior art (Blum, Kabachnik, Fleisch). The 292 patent claim was invalid as it constituted a method of treatment excluded from patentability, and was also obvious in light of Lunar News publications and common general knowledge.

Court Disposition

Patents revoked as invalid

Orders

  • Patents 2,118,042 and EP (UK) 0,998,292 revoked
  • No official shorthand note to be taken of this judgment