NIPC Law

Autho r Brenton Licence CC BY-SA 4.0 Source Wikimedia Commons Jane Lambert Patents Cour t (HH Judge Hacon) S andoz AG and others v Bayer Intellectual Property GmbH [2024] EWHC 796 (Pat) (12 April 2024 ) These were conjoined actions by several generic pharmaceutical manufacturers against Bayer Intellectual Property GmbH ("Bayer") for the revocation of European patent (UK) 1 845 961 ("the Patent") for the treatment of thromboembolic disorders with rivaroxaban . There were also counterclaims by Bayer for injunctions to restrain the threatened infringement of the Patent. Those threats were conceded for the purposes of the trial. Consequently, the validity of the Patent was the only issue to be tried. His Honour Judge Hacon tried those actions on 9, 12, 13,14, 15 and 16 Jan and 21 and 22 Feb 2024. By para [272] of his judgment in Sandoz AG and others v Bayer Intellectual Property GmbH [2024] EWHC 796 (Pat) handed down on 12 April 2024, the learned judge found t...

Jane Lambert Patents Court (HH Judge Hacon) Bayer Intellectual Property GmbH and others v Aspire Pharma Ltd and others [2024] EWHC 711 (Pat) (27 March 2024) Rivaroxaban  is an anticoagulant medication used to treat and prevent blood clots, particularly deep vein thrombosis, pulmonary emboli and atrial fibrillation after hip or knee surgery.  Until the hearing of this application Bayer Intellectual Property GmbH, its holding and associated companies enjoyed a monopoly of the market for rivaroxaban in the UK, That was because Bayer Intellectual Property GmbH held a patent for the product as a compound which was extended until 1 April 2024 by a supplementary protection certificate. Aspire Pharma Ltd.  was one of several pharmaceutical companies that hoped to supply generic rivaroxaban upon the expiry of the SPC.  However, Bayer Intellectual Property GmbH also held European patent number 1 845 961 B1 for the treatment of thromboembolic disorders with rivaroxa...