Alcon v Pharmathen [2021] EWHC 1026 (Pat)
Patent validity, obviousness
This case began as a claim for patent infringement. The defendants submitted to an interim injunction and the proceedings were stayed pending determination of the validity of the patent at the EPO. The EPO upheld the patent. The defendants then sought to lift the stay of the English proceedings with the intention of invalidating the UK designation of the patent and claiming under the cross-undertaking given by the claimants in obtaining the interim injunction. The sole issue was whether the use of fluprostenol (a prostaglandin F2- analogue) was obvious as a treatment for glaucoma.
Meade J dismissed the claim to revoke the patent. That decision was upheld on appeal ([2022] EWCA Civ 845).