Teva Pharmaceutical Industries Ltd v LEO Pharma [2015] EWCA Civ 779
A claim for revocation by TEVA of two patents covering LEO’s fixed combination of calcipotriol and betamethasone for the dermal treatment of psoriasis.
The invention overcame differing pH sensitivities of the two actives by using a unusual solvent in a non-aqueous formulation. Birss J found the patents obvious over a disclosure of that solvent in a mono-formulation of betamethasone. He found that the solvent would be obvious to try in the co-formulation. The Court of Appeal disagreed. The evidence did not establish that such a trial would have a fair expectation of success.
Henry Carr QC and Tom Alkin acted for Leo.
First Instance [2014] EWHC 3096 (Pat)
Court of Appeal [2015] EWCA Civ 779