Eli Lilly & Company v Janssen Alzheimer Immunotherapy

Eli Lilly & Company v Janssen Alzheimer Immunotherapy

The patent is invalid for insufficiency because it does not plausibly enable the skilled person to perform the invention across the scope of the claim without undue burden; only N-terminal antibodies are plausibly enabled, and subsequent clinical trials demonstrated lack of efficacy and unacceptable adverse effects...

Source-derived case information.

Parties
Claimant: Eli Lilly and Company; Defendant: Janssen Alzheimer Immunotherapy
Jurisdiction
England and Wales
Judgment Date
25 June 2013
Procedural Posture
Patent Revocation and Non Infringement Declaration / Final Judgment
Outcome
Patent revoked for insufficiency; declaration of non-infringement granted.
Legal Topics
Patent Validity, Added Matter, Novelty, Obviousness, Insufficiency, Infringement
Intellectual Property Patent Law Patent Validity Added Matter Novelty Obviousness Insufficiency Infringement

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Parties

Eli Lilly and Company

Claimant

Janssen Alzheimer Immunotherapy

Defendant

Procedural Posture

Patent Revocation and Non Infringement Declaration / Final Judgment

Legal Issues

  1. 1 Whether the patent discloses added matter
  2. 2 Whether the patent lacks novelty
  3. 3 Whether the patent is obvious

Ratio Decidendi

The patent is invalid for insufficiency because it does not plausibly enable the skilled person to perform the invention across the scope of the claim without undue burden; only N-terminal antibodies are plausibly enabled, and subsequent clinical trials demonstrated lack of efficacy and unacceptable adverse effects for the claimed invention.

Court Disposition

Patent revoked for insufficiency; declaration of non-infringement granted.

Orders

  • Patent EP 1 994 937 revoked.
  • Declaration granted that dealings in solanezumab do not infringe the patent.