Mayne Pharma PTY Ltd & Anor v Pharmacia Italia SPA

Mayne Pharma PTY Ltd & Anor v Pharmacia Italia SPA

The phrase 'which has not been reconstituted from a lyophilizate' in claim 1 refers to the final product, not the nature of the starting material. The patent is concerned with the provision of a stable, ready-to-use solution, and the skilled person would not regard the use of lyophilized raw material upstream as excluding the product from the claim. The appeal is allowed and non-infringement is not established.

Parties
Claimant: Mayne Pharma Pty Ltd; Claimant: Mayne Pharma plc; Defendant: Pharmacia Italia SPA
Jurisdiction
England and Wales
Judgment Date
17 February 2005
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Patent Construction, Non Infringement, Product by Process Claims
Intellectual Property Patents Patent Construction Non Infringement Product by Process Claims

Case Brief

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Parties

Mayne Pharma Pty Ltd

Claimant

Mayne Pharma plc

Claimant

Pharmacia Italia SPA

Defendant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Mayne's product infringes claim 1 of Pharmacia's UK patent No. 2,178,311
  2. 2 Proper construction of the phrase 'which has not been reconstituted from a lyophilizate' in claim 1

Ratio Decidendi

The phrase 'which has not been reconstituted from a lyophilizate' in claim 1 refers to the final product, not the nature of the starting material. The patent is concerned with the provision of a stable, ready-to-use solution, and the skilled person would not regard the use of lyophilized raw material upstream as excluding the product from the claim. The appeal is allowed and non-infringement is not established.

Court Disposition

Appeal allowed

Orders

  • Appeal allowed
  • Assessment of costs to consider unnecessary documentation