Glaxosmithkline UK Ltd v Wyeth Holdings LLC

Glaxosmithkline UK Ltd v Wyeth Holdings LLC

The patent is valid and infringed by GSK's Bexsero vaccine except for claim 3. The patent is entitled to its first and second priority dates. None of the prior art anticipates the claims, and the technical contribution is plausible and non-obvious. The amendments do not add matter. The Cuban Vaccine and other prior art do not enable the skilled person to identify or reproduce the invention without undue burden.

Parties
Claimant: GlaxoSmithKline UK Limited; Defendant: Wyeth Holdings LLC
Jurisdiction
England and Wales
Judgment Date
12 May 2016
Procedural Posture
Patent Revocation and Infringement / Final Judgment
Outcome
Patent upheld; infringement found except for claim 3
Legal Topics
Patent Validity, Patent Infringement, Priority, Novelty, Inventive Step, Added Matter, Sufficiency, Obviousness
Intellectual Property Patent Law Patent Validity Patent Infringement Priority Novelty Inventive Step Added Matter +2 more

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Parties

GlaxoSmithKline UK Limited

Claimant

Wyeth Holdings LLC

Defendant

Procedural Posture

Patent Revocation and Infringement / Final Judgment

Legal Issues

  1. 1 Entitlement to priority dates
  2. 2 Anticipation by prior art
  3. 3 Obviousness

Ratio Decidendi

The patent is valid and infringed by GSK's Bexsero vaccine except for claim 3. The patent is entitled to its first and second priority dates. None of the prior art anticipates the claims, and the technical contribution is plausible and non-obvious. The amendments do not add matter. The Cuban Vaccine and other prior art do not enable the skilled person to identify or reproduce the invention without undue burden.

Court Disposition

Patent upheld; infringement found except for claim 3

Orders

  • Claims 1-2, 5-6, 10 and 18-20 are infringed by GSK’s Bexsero vaccine
  • Claim 3 is not infringed