Biologics, Covid-19, Inventive step, Plausibility, Sufficiency of disclosure, United Kingdom, Validity

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On 8 October 2024, Mr Justice Meade handed down judgment in BioNTech SE and Pfizer Inc., (together, BioNTech/Pfizer) v CureVac SE. Meade J found CureVac’s patents, relating to split poly(A) tails in mRNA, invalid for obviousness and insufficiency due to (i) lack of plausibility and (ii) because the purported technical effect does not in fact…

Case Law, Infringement, Inventive step, Pharma, Pharmaceutical patent, United Kingdom, Validity

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On 25 July 2023, the Court of Appeal handed down its decision in Teva & Sandoz v Astellas[1] concerning the validity of Astellas’ patent to mirabegron for use in the treatment of overactive bladder (“OAB”).  At first instance, Meade J had held the patent valid and infringement by the generics’ proposed acts was not separately…

Case Law, Enforcement, Infringement, Litigation, Patents, Procedure, Revocation, Sufficiency of disclosure, United Kingdom, Validity

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On 9 October 2019, the Court of Appeal dismissed an appeal against the finding that a patent directed towards ceramic compounds was sufficient and allowed two procedural appeals on issues of liability. Anan Kasei and Rhodia (“Rhodia”) are respectively the proprietor and exclusive licensee of a patent for ceric oxide compounds for use in catalytic…