Sandoz v Bayer [2024] EWHC 796 (Pat)
Bayer owns European Patent (UK) No. 1 845 961 (the “Patent”), which concerns once daily dosing of rivaroxaban (a blockbuster blood-thinning drug). The Claimants (generics pharmaceutical companies: Sandoz, Teva, Accord, CIPLA, Amarox, Viatris and STADA) sought revocation of the Patent on the grounds of obviousness over a poster entitled “Effects of Bay 59-7939, an Oral, Direct FXa Inhibitor, on Thrombin Generation in Healthy Volunteers”, by Sebastian Harder et al (“Harder”), which was made available to the public at the 45th Annual Meeting of the American Society of Hematology in San Diego, USA, held between 6-9 December 2003 together with various abstracts cited in the Blood journal in 2003.
Hacon HJJ heard the trial between 9 and 22 February 2024. The Judge decided that the Patent is invalid as the Claimants alleged.
Adam Gamsa appeared as junior counsel for the Claimants: Sandoz, Teva, Accord, CIPLA, Amarox, Viatris and STADA, instructed by Pinsent Masons, Bristows, Penningtons Manches Cooper, HGF Law and Taylor Wessing.