Norway: Genentech v. Hospira, Court of Appeal of Borgarting, 24 April 2015
Kluwer Patent Blog
July 8, 2015
Please refer to this post as:, ‘Norway: Genentech v. Hospira, Court of Appeal of Borgarting, 24 April 2015’, Kluwer Patent Blog, July 8 2015, http://patentblog.kluweriplaw.com/2015/07/08/norway-genentech-v-hospira-court-of-appeal-of-borgarting-24-april-2015/
In its decision 24 April 2015, the Borgarting Court of Appeal upheld a decision from the Oslo District Court revoking Genentech’s Norwegian patent NO 323 557 (the ‘557-patent) which concerns formulations of pharmaceutical proteins, including trastuzumab. Trastuzumab is the active ingredient in Genentech’s product Herceptin.
Hospira successfully argued that the disputed claims of the ‘557-patent were invalid due to a lack of inventive step. The Court of Appealheld that the patent was nothing other than the result of a routine approach to the problem based on screening of commonly known additives, and the application of commonly known technology.