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Showing posts with the label G2/21

Plausibility - Generics (UK) Ltd and others v AstraZeneca AB

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  Jane Lambert Court of Appeal (Lords Justices Peter Jackson, Arnold and Stuart Smith) Generics (UK) Ltd and others v AstraZeneca AB    [2025] EWCA Civ 903 (16 July 2025) This was an appeal by AstraZeneca AB from the judgment of Dr Michael Tappin KC sitting as a deputy judge of the High Court in    Generics (UK) Ltd v AstraZeneca AB [2025] EWHC 1012 (Pat) (28 April 2025).  In that case, Generics (UK) Limited and several other generic pharmaceutical manufacturers had claimed a declaration that the following supplementary protection certificates were invalid and an order for their revocation: SPC/GB13/021  for dapagliflozin and pharmaceutically acceptable salts thereof;   and SPC/GB14/050  for a combination of dapagliflozin or a pharmaceutically acceptable salt thereof and metformin or a pharmaceutically acceptable salt thereof.  Those SPCs derived from  European patent (UK) 1 506 211 B1 .  The claimants contended that the ...

Patents and Plausibility - G2/21 Syngenta Ltd v Sumitomo Chemical Co. Ltd.

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Author Renardo la vulpo   Licence CC BY-SA 4.0 Deed   Source Wikimedia Common s   Jane Lambert Enlarged Board of Appeal  (C. Josefsson, I. Beckedorf, F. Blumer, T. Bokor, P. Catallozzi, P. Gryczka and A. Ritzka)  G 0002/21 Syngenta Ltd v Sumitomo Chemical Co. Ltd  23 March 2023 European patent No. 2 484 209   ("the patent") has been granted to Sumitomo Chemical Co. Ltd. ("Sumitomo") for a mixture of thiamethoxam and other compounds in accordance with a formula disclosed in the specification.  That mixture produces an insecticidal activity that is greater than would be achieved by any of those compounds administered on its own ("the invention"). Syngenta Limited ("Syngenta") objected to the patent on the grounds that the invention was not new or obvious , that it had not been properly disclosed and it included added matter . The European Patent Convention ("EPC") provides a procedure for the revocation of a patent known as "oppositi...