EPLAW Patent Blog

UK - LEO Pharma v. Sandoz Limited / Appeal

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).

UK - LEO Pharma v. Sandoz Limited / First instance

LEO Pharma A/S and LEO Laboratories Limited v. Sandoz Limited, invalidity proceedings, High Court of Justice, Chancery Division, Patents Court, UK, 15 May 2009, Docket No. HC08C00391, with thanks to Marc Döring and Rowan Freeland, Simmons & Simmons

Sandoz unsuccessfully challenges Leo's patent on the basis that the claimed invasion is anticipated by and/or it is obvious in light of an earlier LEO patent application. None of the claims of the patent (for a new crystalline form of calcipotriol, calcipotriol monohydrate, used in the treatment of psoriasis) was found to be invalid. The infringement claim had been admitted by the defendant on the eve of trial and the counterclaim for revocation was dismissed.

Read the judgment (in English) here.

Read an extended summary of the case here (provided by Marc Döring and Rowan Freeland who represented LEO Pharma). 

Read the judgment on appeal (in English) here.