Ranbaxy UK Ltd & Anor v Warner-Lambert Company [2005] EWHC 2142 (Patents) (12 October 2005)

Ranbaxy UK Ltd & Anor v Warner-Lambert Company [2005] EWHC 2142 (Patents) (12 October 2005)

Claim 1 of '633, properly construed, covers both the racemate and the individual enantiomers; thus, Ranbaxy's proposed acts would infringe and the declaration of non-infringement is refused. Claims 1 and 2 of '281 are anticipated by WO 89/07598, which gives clear directions to make the claimed compound and its...

Source-derived case information.

Citation
[2005] EWHC 2142 (Patents)
Parties
Claimant: Ranbaxy UK Limited; Claimant: Arrow Generics Limited; Defendant: Warner-Lambert Company
Jurisdiction
England and Wales
Judgment Date
12 October 2005
Procedural Posture
Patent Litigation / First Instance Judgment
Outcome
Declaration of non-infringement refused; claims 1 and 2 of '281 held invalid for anticipation and obviousness.
Legal Topics
Patent Construction, Non Infringement, Anticipation, Obviousness, Selection Patents
Intellectual Property Patents Patent Construction Non Infringement Anticipation Obviousness Selection Patents

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Parties

Ranbaxy UK Limited

Claimant

Arrow Generics Limited

Claimant

Warner-Lambert Company

Defendant

Procedural Posture

Patent Litigation / First Instance Judgment

Legal Issues

  1. 1 Whether Ranbaxy's proposed acts would infringe claim 1 of European Patent (UK) 0247633 ('633)
  2. 2 Whether claims 1 and 2 of European Patent (UK) 0409281 ('281) are invalid for anticipation or obviousness

Ratio Decidendi

Claim 1 of '633, properly construed, covers both the racemate and the individual enantiomers; thus, Ranbaxy's proposed acts would infringe and the declaration of non-infringement is refused. Claims 1 and 2 of '281 are anticipated by WO 89/07598, which gives clear directions to make the claimed compound and its salts, and are also obvious in light of the prior art and common general knowledge regarding resolution of racemates and salt formation.

Court Disposition

Declaration of non-infringement refused; claims 1 and 2 of '281 held invalid for anticipation and obviousness.

Orders

  • Declaration of non-infringement in respect of '633 refused.
  • Claims 1 and 2 of '281 revoked for anticipation and obviousness.