Samsung Bioepis UK Ltd v Janssen Biotech, Inc.

Samsung Bioepis UK Ltd v Janssen Biotech, Inc.

Permission to appeal is refused because the argument that the two patient cohorts cannot be combined is without merit, was not properly raised at trial, and there is no reasonable prospect of success on appeal.

Source-derived case information.

Parties
Claimant: Samsung Bioepis UK Limited; Defendant: Janssen Biotech, Inc.
Jurisdiction
England and Wales
Judgment Date
27 September 2024
Procedural Posture
Patent / Form of Order Hearing – Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Obviousness, Patent Validity, Permission to Appeal
Intellectual Property Patents Obviousness Patent Validity Permission to Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samsung Bioepis UK Limited

Claimant

Janssen Biotech, Inc.

Defendant

Procedural Posture

Patent / Form of Order Hearing – Application for Permission to Appeal

Legal Issues

  1. 1 Whether permission to appeal should be granted regarding the finding of obviousness over prior art (Sands Slides) and the combination of patient cohorts for corticosteroid-free clinical remission.

Ratio Decidendi

Permission to appeal is refused because the argument that the two patient cohorts cannot be combined is without merit, was not properly raised at trial, and there is no reasonable prospect of success on appeal.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal is refused.