Celltrion v Genentech and Novartis [2025] EWHC 174 (Pat)
Celltrion sought revocation of European Patent (UK) No. 3 805 248 B1 (the “Patent”) owned by Genentech and Novartis (“GN”). The Patent concerned a formulation of a monoclonal anti-IgE antibody, rhuMAB E25 (generic name omalizumab), which is used to treat asthma. Celltrion’s lack of novelty ground of invalidity relied upon PCT WO 2004/091658 A1 (“Liu”) and included an argument that the law of equivalents ought to extend to anticipation. For obviousness, Celltrion relied on a paper published in the Journal of Biochemistry, Biophysical Effect of Amino Acids on the Prevention of Protein Aggregation (“Shiraki”), as would be applied to the existing label for lyophilised Xolair. Celltrion also advanced lack of technical contribution, lack of plausibility and added matter as grounds of invalidity.
Hacon HHJ heard the trial between 24 October 2024 to 1 November 2024. He found the Patent valid.
Iain Purvis KC and Adam Gamsa appeared for Celltrion, instructed by Bird & Bird LLP.