Patents - Insulet Corporation v Roche Diabetes Care Ltd
Jane Lambert Patents Court (Ms Pat Treacy) Insulet Corporation v Roche Diabetes Care Ltd [2021] EWHC 1907 (Pat) (9 July 2021) This was a patent infringement claim with a patent revocation counterclaim. The patent in suit was EP (UK) 1 335 764 for a device and system for patient infusion. The action and counterclaim came on before Ms Pat Treacy sitting as a judge of the High Court between 11 and 13 May 2021. She delivered judgment on 9 July 2021 (see Insulet Corporation v Roche Diabetes Care Ltd [2021] EWHC 1907). At para [452] of her judgment, she found that claim 2 of the patent had been anticipated by the PCT application known as "PhiScience". At [525] she concluded that all claims other than claim 3 had been obvious over PhiScience but not over another PCT application known as "MiniMed." At para [587] she held that all the claims in issue were invalid by reason of added matter. Finally, she found that none of the claims in issue had been i...