Synthon v Teva, London, UK, 21 May 2015,  EWCH 1395 (Pat) Birss J
In his judgment of 21 May 2015, Birss J upheld the validity a number of claims of EP’528 and EP’924, both owned by Teva and relating to glatiramer acetate (“GA”). This was so notwithstanding that the Dutch designations of the same patents had previously been revoked (albeit with some differences in the evidence taken into account). Three of the claims of EP’924 were, however, found to be invalid for added matter.
GA is a mixture of synthetic polypeptides made of four amino acids, a low molecular weight fraction of which is sold by Teva (brand name Copaxone) for the treatment of relapsing remitting multiple sclerosis.
EP’528 and EP’924, both being divisionals and differing of note only in relation to their claims, relate to improvements in the process for making GA, namely those resulting in low levels of free bromine and metal ion impurities. The claims in issue were mostly process claims for making GA or its intermediate (TFA-GA) and claims to the GA product itself (claims 22-26 of EP’924).