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England and Wales Case Law

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Intellectual property

Sandoz Limited v Bristol-Myers Squibb Holdings Ireland Unlimited Company

The Application did not make it plausible that apixaban had useful factor Xa inhibitory activity. There was no data or reasoning in the Application linking apixaban to the asserted technical effect, and the skilled person would not infer from the Application that apixaban had been tested and found to have the required potency. The assertion of utility was speculative. Therefore, the patent was invalid for lack of inventive step and insufficiency.

Source excerpt

  • Patent validity
  • Inventive step
  • Sufficiency of disclosure
  • Plausibility
  • Second medical use claims
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Intellectual property

Samsung Bioepis UK Limited v Janssen Biotech, Inc

Patent revocation claim over ustekinumab for ulcerative colitis. Meade J held the patent obvious over the Sands Slides, but not anticipated or obvious over the Ochsenkühn Abstract or Poster.

  • Patent validity
  • Obviousness
  • Anticipation
  • Second medical use claims
  • Clinical trial disclosure
  • Patent-validity
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Intellectual property [2023] EWHC 2677 (Pat)

Amgen, Inc. & Ors v Janssen Biotech, Inc. (Re Case Management Conference)

Amgen, Inc. & Ors v Janssen Biotech, Inc. (Re Case Management Conference) [2023] EWHC 2677 (Pat) (18 October 2023)

The Patents Court listed the main patent trial for June 2024, but stayed the skinny label issues pending the outcome, after requiring Allocca to be dropped.

  • Case management
  • Patent infringement
  • Validity challenge
  • Section 60(2) patents act 1977 (skinny label)
  • Prior art
  • Second medical use claims
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Intellectual property

Alcon Research LLC & Anor. v Pharmathen SA & Anor.

The Court of Appeal dismissed an appeal challenging the validity of a patent for travoprost eye drops, holding it was not obvious and rejecting the insufficiency squeeze.

  • Patent validity
  • Obviousness
  • Insufficiency
  • Second medical use claims
  • Patent-validity
  • Second-medical-use-claims
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Intellectual property [2022] EWCA Civ 845

Alcon Research LLC & Anor v Pharmathen SA & Anor

Alcon Research LLC & Anor v Pharmathen SA & Anor [2022] EWCA Civ 845 (28 June 2022)

Court of Appeal upheld a patent on travoprost eye drops for glaucoma, rejecting obviousness and insufficiency challenges based on prior art and plausibility.

  • Obviousness
  • Insufficiency
  • Second medical use claims
  • Pharmaceutical patents
  • Patent-obviousness
  • Patent-insufficiency
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Intellectual property [2022] EWHC 512 (Pat)

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics (UK) Ltd (t/a Viatris) & Anor

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics (UK) Ltd (t/a Viatris) & Anor [2022] EWHC 512 (Pat) (08 March 2022)

The High Court upheld a divisional patent, rejected a new plausibility challenge, refused permission to appeal, and granted a permanent injunction without a stay.

  • Patent validity
  • Insufficiency
  • Second medical use claims
  • Injunctive relief
  • Permission to appeal
  • Patent-validity
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Intellectual property [2021] EWHC 1026 (Pat)

Ralcon Research LLC & Anor v Ctavis Group PTC EHF & Ors

Ralcon Research LLC & Anor v Ctavis Group PTC EHF & Ors [2021] EWHC 1026 (Pat) (23 April 2021)

The High Court upheld Alcon’s travoprost patent, rejecting attacks for anticipation by EP 800 and obviousness over Stjernschantz in a glaucoma drug dispute.

  • Patent validity
  • Obviousness
  • Novelty
  • Common general knowledge
  • Second medical use claims
  • Pharmaceutical patents
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.