Generics (UK) Ltd, Glenmark Pharmaceuticals Europe Ltd & Anor v AstraZeneca AB [2025] EWHC 1012 (Pat)

AstraZeneca held two supplementary protection certificates (SPCs) protecting dapagliflozin, an inhibitor of sodium-dependent glucose co-transporter proteins, used for treating Type II diabetes. The patent underlying the SPCs had expired and the Claimants wished to clear the way for launch of their own dapagliflozin products. The validity of the SPCs was challenged on the grounds that the basic patent was invalid for lack of plausibility and/or lack of technical contribution over the prior art. The Judge held the SPCs invalid, finding for the Claimants on both of the invalidity attacks.

The case is notable for the careful exposition of the law of plausibility (following G2/21) and the discussion of the law relating to lack of technical contribution and the circumstances in which a patent will be invalid for arbitrary selection.

Adam Gamsa appeared for Generics and Kathryn Pickard for Glenmark

[2025] EWHC 1012 (Pat)

Latest News

Managing IP EMEA Awards 2026

Brian Nicholson KC wins Senior IP Barrister of the Year at the Managing IP EMEA Awards 2026.

Kathryn Pickard appointed King’s Counsel

Chambers is delighted to announce that Kathryn Pickard has been appointed King’s Counsel in the 2024 competition, announced on 24th January 2025.

Anna Edwards-Stuart appointed King’s Counsel

Chambers is delighted to announce that Anna Edwards-Stuart has been appointed King’s Counsel in the 2023 competition, announced on 19th January 2024.

Miruna Bercariu joins 11 South Square

Chambers is delighted to announce Miruna Bercariu has accepted an offer of tenancy after a successful pupillage and will commence practice immediately....

Chambers UK Bar Awards 2023

Chambers is thrilled to announce we have won all three of the awards we were nominated for at the Chambers UK Bar Awards 2023. 11 South Square, IT/IP Set of the Year Brian Nicholson KC, IT/IP Silk of the Year Ka...

Edward Cronan joins 11 South Square

We are pleased to announce the arrival of a new member of chambers, Edward Cronan. Edward first came on to our radar at 11 South Square when he was a solicitor, and we watched his move to the bar in 2018 with interest. S...

Bio-science Law Review – University Inventions: When is a student a consumer?

University Inventions: When is a student a consumer? Oxford University Innovation Limited v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat) This article provides a case comment on the Judgment of Daniel Alexander KC...

Michael Silverleaf called to the Irish Bar

Chambers is pleased to announce that Michael Silverleaf has been called to the Irish Bar and has appeared in that role as part of a team representing Bristol-Myers Squibb in the Irish High Court before Barrett J. The tri...

Lionel Bently made Honorary King’s Counsel

Chambers is delighted to announce that Lionel Bently has been made an Honorary King's Counsel. Honorary KCs are awarded to those who have made a major contribution to the law of England and Wales, outside practice in...