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England and Wales decisions
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Damages would not be an adequate remedy for either party due to market unpredictability, risk of further generic entry, and inability to quantify harm. Preservation of the status quo and DR's failure to clear the way for its generic launch justify granting the interim injunction sought by BI.
Source excerpt
The patent was not obvious over AU288 and common general knowledge because it was not obvious to try mirabegron for OAB with a reasonable expectation of success; the prior art did not provide sufficient data or rationale for selecting mirabegron for OAB, and the patent made a technical contribution by teaching its use for OAB with supporting experimental evidence.
Source excerpt
Teva Pharmaceutical Industries Ltd & Anor v Astellas Pharma Inc [2023] EWCA Civ 880 (25 July 2023)
The Court of Appeal dismissed an obviousness challenge to Astellas’s mirabegron patent, holding that AU288 and common general knowledge did not make the OAB use obvious.
Patent trial concerning HIF-PHI medicines for anaemia, with challenges to validity, amendment and infringement of FibroGen’s patent families.
Patent revocation claim concerning botulinum toxin use for pain. The High Court held the claims invalid for added matter, lack of novelty, and obviousness.
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