Synthon BV v Teva Pharmaceutical Industries Ltd

Synthon BV v Teva Pharmaceutical Industries Ltd

The Court found that Synthon failed to establish obviousness for the broader claims limited to 0.1% free bromine and metal ion impurities, as the evidence did not show that the claimed levels would be achieved by standard practice. The Court upheld the finding of added matter for claim 20 and dependent claims, as the application did not disclose glatiramer acetate with less than 1000 ppm metal ion impurities.

Parties
Appellant: Synthon B. V.; Respondent: Teva Pharmaceutical Industries Limited
Jurisdiction
England and Wales
Judgment Date
21 March 2017
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Both appeals dismissed.
Legal Topics
Patent Validity, Obviousness, Added Matter, Pharmaceutical Patents
Intellectual Property Patent Law Patent Validity Obviousness Added Matter Pharmaceutical Patents

Case Brief

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Parties

Synthon B. V.

Appellant

Teva Pharmaceutical Industries Limited

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether claims of European patent (UK) 2 361 924 are invalid for obviousness
  2. 2 Whether claim 20 and dependent claims are invalid for added matter

Ratio Decidendi

The Court found that Synthon failed to establish obviousness for the broader claims limited to 0.1% free bromine and metal ion impurities, as the evidence did not show that the claimed levels would be achieved by standard practice. The Court upheld the finding of added matter for claim 20 and dependent claims, as the application did not disclose glatiramer acetate with less than 1000 ppm metal ion impurities.

Court Disposition

Both appeals dismissed.

Orders

  • No order as to costs.