Teva UK Ltd & Anor v Leo Pharma A/s

Teva UK Ltd & Anor v Leo Pharma A/s

Both LEO patents are invalid for lack of inventive step because a skilled team, motivated by common general knowledge and presented with Turi, would have included polyoxypropylene-15-stearyl ether in routine solvent screening and produced a stable, effective ointment formulation combining calcipotriol and betamethasone. The claimed invention was obvious to try and did not require inventive skill.

Parties
Claimant: TEVA UK LIMITED; Claimant: TEVA PHARMACEUTICAL INDUSTRIES LIMITED; Defendant: LEO PHARMA A/S; Third Party: LEO LABORATORIES LIMITED
Jurisdiction
England and Wales
Judgment Date
06 October 2014
Procedural Posture
Patent Infringement and Validity / Final Judgment
Outcome
Patents EP 1 178 808 and EP 2 455 083 declared invalid for lack of inventive step.
Legal Topics
Obviousness, Inventive Step, Insufficiency, Added Matter, Infringement
Intellectual Property Patent Law Obviousness Inventive Step Insufficiency Added Matter Infringement

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Parties

TEVA UK LIMITED

Claimant

TEVA PHARMACEUTICAL INDUSTRIES LIMITED

Claimant

LEO PHARMA A/S

Defendant

LEO LABORATORIES LIMITED

Third Party

Procedural Posture

Patent Infringement and Validity / Final Judgment

Legal Issues

  1. 1 Whether LEO's patents EP 1 178 808 and EP 2 455 083 are invalid for obviousness
  2. 2 Whether the patents are invalid for insufficiency or added matter
  3. 3 Whether TEVA's proposed product would infringe the patents if valid

Ratio Decidendi

Both LEO patents are invalid for lack of inventive step because a skilled team, motivated by common general knowledge and presented with Turi, would have included polyoxypropylene-15-stearyl ether in routine solvent screening and produced a stable, effective ointment formulation combining calcipotriol and betamethasone. The claimed invention was obvious to try and did not require inventive skill.

Court Disposition

Patents EP 1 178 808 and EP 2 455 083 declared invalid for lack of inventive step.

Orders

  • Both patents are invalid for lack of inventive step.
  • No findings on insufficiency or added matter as they do not arise on the facts.