Pharmaceutical patent

Case Law, evidence, Infringement, Injunction, Kluwer Patent Cases, Legislation, Litigation, Patents, Pharma, Pharmaceutical patent, United Kingdom

, (Bristows)/ /1 Comment

On Friday 13 March 2020, Birss J handed down a pair of judgments in the litigation between Evalve (a member of the Abbott group of companies) and Edwards Lifesciences, a veteran of UK patent litigation over the past decade. In the first judgment Evalve’s two UK patents, EP (UK) 1 408 850 and EP (UK)…

Antibodies, Case Law, European Union, Litigation, Novelty, Patents, Pharma, Pharmaceutical patent, Prior art, Sufficiency of disclosure, United Kingdom, Validity

(Bristows)/

Among the flurry of pre-summer vacation judgments coming from the Patents Court is one from Mr Justice Birss (17 July 2019), concerning the validity of Hoffman-La Roche’s patent EP (UK) 2 007 809. EP’809 is a formulation patent for the monoclonal antibody vedolizumab, marketed as Entyvio® and used to treat ulcerative colitis and Crohn’s disease….

(Indirect) infringement, Case Law, Extent of Protection, Infringement, Litigation, Netherlands, Pharma, Pharmaceutical patent

(Brinkhof)/ /16 Comments

Pemetrexed, yet again: last Wednesday the District Court of The Hague, swimming against the current and after a deep dive in the prosecution file, decided that Fresenius did not infringe Eli Lilly’s ‘pemetrexed disodium’ patent with a generic product that does not contain pemetrexed disodium, not even by equivalence. The basic facts of the widespread…

(Indirect) infringement, Infringement, Litigation, Pharma, Pharmaceutical patent, Russia

(Lidings)/

Russian law provides that information on state registration of drugs shall be publicly available. For a long period, MoH used to turn a blind eye to this obligation, keeping information on all filed applications confidential. Absence of this information used to pose additional risks for patent holders lacking information on the upcoming launches of generic…

Generics, Pharma, Pharmaceutical patent, United States of America

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44 U.S. states filed a lawsuit last Friday accusing Teva Pharmaceuticals USA of conspiring illegally with 19 other drug companies to inflate drug prices – sometimes by more than 1,000 percent – and stifle competition for generic drugs. As is set out in the complaint, ‘the Plaintiff States allege that Defendant Teva consistently and systematically,…

Case Law, EPC, EPC, Inventive step, Litigation, Patents, Pharma, Pharmaceutical patent, United Kingdom

, (Bristows)/

The UK Supreme Court today handed down its decision in Actavis v ICOS. The decision was unanimous, with Lord Hodge giving the only judgment. The case concerns two principal questions. First, how the test for obviousness applies to a dosage patent; and secondly, whether the Court of Appeal was entitled to reverse the judgment of…

Denmark, EPO, Infringement, Inventive step, Litigation, Patents, Pharmaceutical patent

(Bugge Valentin)/

On 1 February 2019, the Danish Maritime and Commercial Court granted an injunction against Mylan AB’s sale of the product Tadalafil »Mylan« containing 5 mg tadalafil in Denmark. On 7 September 2018, Eli Lilly Danmark A/S (“Eli Lilly”) brought a case to the Danish Maritime and Commercial Court requesting a preliminary injunction against Mylan AB…

European Union, Patents, Pharma, Pharmaceutical patent, Plausibility, Second Medical Use, SPC, United Kingdom

(Bristows)/

On 4 March 2019, we uploaded a post noting that the English Patents Court had decided to refer a question to the CJEU on whether it was permissible for a patentee to rely on a third party’s MA to obtain an SPC in the absence of consent from that third party. We briefly summarised the…

European Union, Pharma, Pharmaceutical patent, Plausibility, Second Medical Use, SPC, United Kingdom

, (Bristows)/

On Friday 1 March 2019, Arnold J handed down his judgment in the patent dispute between Eli Lilly and Genentech regarding IL-17A/F antibodies*1. This lengthy judgment, which as the Judge observed: “was one of most complex patent cases I have ever tried”, is littered with interesting legal points. However, to many life sciences patent lawyers,…