Alcon Research LLC & Anor. v Pharmathen SA & Anor.

Alcon Research LLC & Anor. v Pharmathen SA & Anor.

The skilled team would not, without invention, have turned its mind to fluprostenol as a possible treatment for glaucoma based on Stjernschantz; the patent plausibly disclosed reduced hyperemia, and the squeeze argument on insufficiency did not arise as pleaded.

Parties
Claimant/respondent: Alcon Research LLC; Claimant/respondent: Alcon Pharmaceuticals Limited; Defendant: Pharmathen SA; Defendant/appellant: Aspire Pharma Limited
Jurisdiction
England and Wales
Judgment Date
28 June 2022
Procedural Posture
Civil Appeal / Appeal From High Court (patents Court)
Outcome
Appeal dismissed
Legal Topics
Patent Validity, Obviousness, Insufficiency, Second Medical Use Claims
Intellectual Property Patent Law Patent Validity Obviousness Insufficiency Second Medical Use Claims

Case Brief

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Parties

Alcon Research LLC

Claimant/respondent

Alcon Pharmaceuticals Limited

Claimant/respondent

Pharmathen SA

Defendant

Aspire Pharma Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court (patents Court)

Legal Issues

  1. 1 Whether the patent was invalid for obviousness over Stjernschantz
  2. 2 Whether the patent was insufficient for lack of plausible disclosure

Ratio Decidendi

The skilled team would not, without invention, have turned its mind to fluprostenol as a possible treatment for glaucoma based on Stjernschantz; the patent plausibly disclosed reduced hyperemia, and the squeeze argument on insufficiency did not arise as pleaded.

Court Disposition

Appeal dismissed

Orders

  • Patent upheld as valid
  • No relief granted to appellant