Alcon v Pharmathen [2022] EWCA Civ 845
Patent validity, obviousness
This was an appeal of the judgment of Meade J ([2021] EWHC 1026 (Pat)) in which he held that Alcon’s patent for the use of a prostaglandin F2 analogue (fluprostenol isopropyl ester) for the treatment of glaucoma and ocular hypertension was valid and infringed. The appeal related to the Judge’s findings regarding the obviousness attack and its interplay with an insufficiency squeeze.
The appeal was dismissed.