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