NIPC Law

Office of the President of the University of California Author Coolcaesar   Licence CC BY-SA 4.0    Source Wikimedia Common s   Jane Lambert Court of Appeal (Lords Justices Arnold, Snowden and Zacaroli)  Accord Healthcare Ltd and others v Regents of the University of California and another [2025] EWCA Civ 936 (23 July 2025) This was an appeal by Accord Healthcare Limited and other generic pharmaceutical manufacturers against Mr Justice Mellor's dismissal of their claims for revocation of European Patent (UK) No. 1 893 196 (“the patent”) and SPC No. SPC/GB13/079 (“the SPC”)  on grounds of obviousness , implausibility and insufficiency in Accord Healthcare Ltd and others v Regents of the University of California and another [2024] EWHC 2524 (Pat) (8 Oct 2024). They appealed with the permission of Lord Justice Arnold.  His lordship heard the appeal with Lord Justice Snowden and Lord Justice Zacaroli on 2 July 2025.  The Lord Justices handed...

Omalizumab structure Authors  Manav Segal, Jeffrey R Stokes, Thomas B. Casale Licence CC BY 2,5 Source Wikimedia Commons Jane Lambert Patents Court (HH Judge Hacon)  Celltrion Inc v Genentech, Inc and another [2025] EWHC 174 (Pat) (30 Jan 2025)   This was an action by Celltrion Inc ("Celltrion") for the revocation of European patent (UK)  3 805 248 B1  for a "Process for concentration of antibodies and therapeutic products thereof" ("the patent") held by Genentech Inc ("Genentech") and Novartis AG ("Novartis") and a counterclaim by Genentech and Novartis against Celltrion and its UK subsidiary for infringement.  The action and counterclaim were tried by His Honour Judge Hacon between 24 Oct 2024 and 1 Nov 2024.  The learned judge delivered judgment on 30 Jan 2025 (see  Celltrion Inc v Genentech, Inc and another  [2025] EWHC 174 (Pat) (30 Jan 2025)).  By para [193] of his judgment, he found that the patent was valid and infringed. Th...

  Jane Lambert Intellectual Property Enterprise Court (HH Judge Hacon)  Battlekart Europe SA v Chaos Karts 1 Ltd and others [2025] EWHC 1936 (IPEC) (25 July 2025) This was an action by Battlekart Europe SA ("Battlekart") against Little Lion Entertainment Ltd ("Little Lion"), its subsidiaries, Chaos Karts Limited and The Ents Inc Limited and their director, Thomas Maguire for the infringement of European patent (UK) 3 304 522 B8  and a counterclaim by the defendants for revocation of the patent on grounds of obviousness , implausibility and added matter.   The action and counterclaim were tried by HH Judge Hacon between 17 and 19 June 2025.  By para [136] o f his judgment in Battlekart Europe SA v Chaos Karts 1 Ltd and others [2025] EWHC 1936 (IPEC), which he handed down on 25 July 2025, the learned judge held that the patent was invalid for lack of an inventive step and added matter. The Patent EP3304522 B8 had been granted for a system for creating an imm...

  Jane Lambert Court of Appeal (Lord Justices Arnold, Nugee and Warby) Sandoz Ltd v Bristol-Myers Squibb Holdings Ireland Unlimited Company [2023] EWCA Civ 472 (4 May 2023) This was an appeal by Bristol Myers Squibb Ireland ("BMS") against Mr Justice Meade's judgment in    Sandoz Ltd and another v Bristol-Myers Squibb Holdings Ireland (Unlimited) Company [2022] EWHC 822 (Pat) (7 April 2022) which I discussed in  Patents - Sandoz Ltd v Bristol-Myers Squibb   on 28 Aug 2022.  In that judgment, his lordship held that  European patent (UK) 1 427 415 B1 (“the patent”)  was invalid for lack of plausibility and technical contribution.  Permission to appeal against Mr Justice Meade's judgment was granted by Lord Justice Lewison. The appeal was heard by Lord Justices Arnold, Nugee and Warby on 19 and 20 April 2022. They handed down judgment on 4 May 202. Their lordships unanimously dismissed the appeal (see Sandoz Ltd v Bristol-Myers Sq...

  Jane Lambert Patents Court (Mr Justice Meade)  Sandoz Ltd and another v Bristol-Myers Squibb Holdings Ireland (Unlimited) Company  [2022] EWHC 822 (Pat) (7 April 2022) These were two separate actions for the revocation of a  European patent (UK)   1 427 415 B1 (“the patent”) .  The patent was held by Bristol-Myers Squibb Holdings Ireland (Unlimited) Company ("BMS") and the proceedings were brought by  Sandoz Limited (“Sandoz”) and   Teva Pharmaceutical Industries Limited (“Teva”). BMS  counterclaimed against both claimants for infringement which was admitted subject to the validity of the patent. The actions came on for trial before Mr Justice Mrade between 31 Jan and 10 Feb 2022.  By para [257] of his judgment of 7 April 2022 he held that the patent was invalid for lack of plausibility and technical contribution ( see Sandoz Ltd v Bristol-Myers Squib Holdings Ireland (Unlimited) Company [2022] EWHC 822 (Pat) (7 April 2022...