Hospira UK Limited v Genentech Inc, Patents Court, 10 April 2014,  EWHC 1094 (Pat), Birss J
The Patents Court found two of Genentech’s patents for Herceptin (trastuzumab) invalid, and granted Hospira a declaration of non-infringement in respect of certain trastuzumab formulations. One patent was for a dosage regimen and the other for a purified composition of trastuzumab. Birss J’s judgment contains some significant legal points, particularly in relation to the dosage regimen patent.
The dosage regimen patent claimed a three weekly administration of trastuzumab, in contrast to the weekly dosage in use at the priority date. One interesting issue was on claim construction. Claim 1 was in Swiss-type form (“use of X in the manufacture of a medicament for the treatment of Y”). The parties agreed that: (i) in the context of a Swiss-type claim, “treatment” means something which is indeed an effective treatment – in this case for breast cancer; and (ii) in the context of a second medical use patent, “for” does not mean “suitable for” but rather “suitable for and intended for”.