Synthon B.V. v Teva Pharmaceutical Industries Ltd

Synthon B.V. v Teva Pharmaceutical Industries Ltd

The patents are valid except for claims 20, 27, and 28 of the 924 patent, which are invalid for added matter. The remaining claims are novel, involve inventive step, and are sufficiently disclosed. The skilled person would not inevitably produce glatiramer acetate with the claimed metal ion levels or colour by following Lemmon or prior Copaxone processes, and the patent's teaching is not insufficient. Added matter exists where the application does not clearly disclose glatiramer acetate with specified metal ion concentrations or APHA colour values.

Parties
Claimant: Synthon B.V.; Defendant: Teva Pharmaceutical Industries Limited
Jurisdiction
England and Wales
Judgment Date
21 May 2015
Procedural Posture
Patent Revocation / Final Judgment
Outcome
Claims 20, 27, and 28 of the 924 patent are invalid for added matter; all other claims are valid.
Legal Topics
Patent Validity, Novelty, Inventive Step, Insufficiency, Added Matter
Intellectual Property Patent Law Patent Validity Novelty Inventive Step Insufficiency Added Matter

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 25 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Synthon B.V.

Claimant

Teva Pharmaceutical Industries Limited

Defendant

Procedural Posture

Patent Revocation / Final Judgment

Legal Issues

  1. 1 Whether EP (UK) 2 177 528 and EP (UK) 2 361 924 patents are invalid for lack of novelty, inventive step, insufficiency, or added matter

Ratio Decidendi

The patents are valid except for claims 20, 27, and 28 of the 924 patent, which are invalid for added matter. The remaining claims are novel, involve inventive step, and are sufficiently disclosed. The skilled person would not inevitably produce glatiramer acetate with the claimed metal ion levels or colour by following Lemmon or prior Copaxone processes, and the patent's teaching is not insufficient. Added matter exists where the application does not clearly disclose glatiramer acetate with specified metal ion concentrations or APHA colour values.

Court Disposition

Claims 20, 27, and 28 of the 924 patent are invalid for added matter; all other claims are valid.

Orders

  • Claim 20 of 924 patent to be deleted.
  • Dependencies of claims 21-28 and 32 to be amended accordingly.