Patents - Astellas Pharma Industries Ltd v Teva Pharmaceutical Industries Ltd
Jane Lambert Patents Court (Mr Justice Mellor) Astellas Pharma Industries Ltd v Teva Pharmaceutical Industries Ltd and other s [2023] EWHC 2571 (Pat) (17 Oct 2023) This was an action for patent infringement and a counterclaim for revocation. The patent in suit was European patent (UK) 2,345,410 entitled Pharmaceutical Composition for Modified Release and concerned a modified release pharmaceutical composition containing mirabegron (or a salt thereof) as an active ingredient. Astellas Pharma Industries Ltd, (Astellas) alleged that generic mirabegron tablets that Teva Pharmaceutical Industries Ltd. and Teva UK Ltd ("Teva") and Sandoz AG and Sandoz Ltd (Sandoz) proposed to launch would infringe the patent. Teva and Sandoz each counterclaimed for revocation of the patent on the grounds of obviousness, insufficiency and added matter. Astellas responded to the counterclaim by applying for the amendment of the patent....