The applicant, Teva, sought an order for the revocation of the Irish designation of European Patent No. (IE) 1379220 entitled “Inhalation Capsules” (the “220 Patent”) on the grounds of (i) obviousness, (ii) an “AgrEvo” challenge and (iii) insufficiency. The Court ruled in Boehringer’s favour by upholding the validity of the 220 Patent and rejecting all of Teva’s grounds of challenge.
The decision is noteworthy as the High Court, in upholding the validity of the 220 Patent, departed from the decision handed down in the UK proceedings and the proceedings in a number of other European jurisdictions.
A full summary of this case has been published on Kluwer IP Law.