LEO Pharma A/S and LEO Laboratories Limited v. Sandoz Limited, invalidity proceedings, High Court of Justice, Court of Appeal (Civil Division), UK, 17 November 2009, Docket No. No: A3/2009/131, with thanks to Marc Döring and Rowan Freeland, Simmons & Simmons
Unusual obviousness attack (that is, where the skilled person would have come upon the invention without any expectation of successfully finding a better product) should be scrutinised with great care.
Referring to Biogen the Court of Appeal states about obviousness that "the Judge’s conclusion must be reached as an overall assessment of the relevant evidence, both technical and non-technical. If he has made such an assessment, weighing all the factors involved, then it will be difficult indeed to show that he has made an error of principle."
LEO Pharma's patent was upheld.
Read the judgment (in English) here.
Read the judgment in first instance (in English) here.
Read an extended summary here (provided by Marc Döring and Rowan Freeland who represented LEO Pharma).
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