Glaxosmithkline UK Ltd v Wyeth Holdings LLC [2016] EWHC 1045 (Ch) (12 May 2016)

Glaxosmithkline UK Ltd v Wyeth Holdings LLC [2016] EWHC 1045 (Ch) (12 May 2016)

The patent was found invalid for lack of entitlement to the claimed priority dates, anticipation by prior art (including the Cuban Vaccine and WO 01/52885), and for insufficiency. The claims were not enabled across their full scope, and the patent was not entitled to the claimed priority dates. Claim 3 was construed as limited to proteins with 100% sequence identity to the specified sequences. Wyeth's counterclaim for infringement failed as the relevant claims were invalid.

Citation
[2016] EWHC 1045 (Ch)
Parties
Claimant: GlaxoSmithKline UK Limited; Defendant: Wyeth Holdings LLC
Jurisdiction
England and Wales
Judgment Date
12 May 2016
Procedural Posture
Patent Revocation and Non Infringement Claim With Counterclaim for Infringement / High Court Trial Judgment
Outcome
Patent revoked; declaration of non-infringement granted; counterclaim for infringement dismissed.
Legal Topics
Patent Validity, Patent Infringement, Priority Entitlement, Anticipation, Obviousness, Insufficiency, Added Matter, Claim Construction
Intellectual Property Patents Patent Validity Patent Infringement Priority Entitlement Anticipation Obviousness Insufficiency +2 more

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Parties

GlaxoSmithKline UK Limited

Claimant

Wyeth Holdings LLC

Defendant

Procedural Posture

Patent Revocation and Non Infringement Claim With Counterclaim for Infringement / High Court Trial Judgment

Legal Issues

  1. 1 Entitlement to priority dates for the patent
  2. 2 Anticipation by prior art (various documents and vaccines)
  3. 3 Obviousness over prior art

Ratio Decidendi

The patent was found invalid for lack of entitlement to the claimed priority dates, anticipation by prior art (including the Cuban Vaccine and WO 01/52885), and for insufficiency. The claims were not enabled across their full scope, and the patent was not entitled to the claimed priority dates. Claim 3 was construed as limited to proteins with 100% sequence identity to the specified sequences. Wyeth's counterclaim for infringement failed as the relevant claims were invalid.

Court Disposition

Patent revoked; declaration of non-infringement granted; counterclaim for infringement dismissed.

Orders

  • European Patent (UK) 2,343,308 revoked
  • Declaration of non-infringement in favour of GSK