A look at the recent decision in Teva UK Ltd v AstraZeneca AB [2014] EWHC 2873 (Pat)SummaryTeva has successfully revoked a patent owned by AstraZeneca for the treatment of asthma for lack of inventive
A look at the recent decision in Teva UK Ltd v AstraZeneca AB [2014] EWHC 2873 (Pat)
Summary
Teva has successfully revoked a patent owned by AstraZeneca for the treatment of asthma for lack of inventive step. Mr Justice Sales also rejected AstraZeneca's attempts to amend the claims concluding such amends would constitute added matter. The case is noteworthy for two reasons: firstly, the judgment contains an interesting discussion of what should constitute Common General Knowledge (CGK), including an attempt by Mr Justice Sales to update the current approach taken to establishing CGK; and secondly, the Judge had to re-write parts of his draft judgment, something which rarely happens.
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Summary
Teva has successfully revoked a patent owned by AstraZeneca for the treatment of asthma for lack of inventive step. Mr Justice Sales also rejected AstraZeneca's attempts to amend the claims concluding such amends would constitute added matter. The case is noteworthy for two reasons: firstly, the judgment contains an interesting discussion of what should constitute Common General Knowledge (CGK), including an attempt by Mr Justice Sales to update the current approach taken to establishing CGK; and secondly, the Judge had to re-write parts of his draft judgment, something which rarely happens.
Click here for full article.