Hospira UK Ltd and Generics (UK) Ltd v Novartis AG Court of Appeal,  EWCA Civ 1663 Patten LJ, Tomlinson LJ, Floyd LJ
In its judgment of 19 December 2013, the Court of Appeal dismissed Novartis’ appeal against a decision of Arnold J that a claim, namely claim 7, of Novartis’ patent EP(UK) 1 296 689 was invalid due to lack of entitlement to its claimed priority date.
EP’689, related to the use of zoledronate (a member of the bisphosphonate class of drugs) for the treatment of, amongst other things, osteoporosis. Claim 7 contained, in combination, features directed to: (i) the drug (zoledronate), (ii) the fact that the drug is for the treatment of osteoporosis, (iii) the mode of administration (intravenous), (iv) the range of dosage sizes (about 2-10 mg) and (v) the dosing interval (about once a year). At first instance, Arnold J decided that claim 7 was invalid because it was not entitled to its claimed priority from US Patent Application No 267689 (“PD2”). This was the sole finding appealed by Novartis.