Glaxo Group Ltd and ors v Vectura [2018] EWHC 3414 (Pat)
Patent validity, obviousness, insufficiency, infringement, Arrow relief
Glaxo sought to revoke five patents in the name of Vectura which related to methods for the manufacture of microparticles (composite active particles) for incorporation into pharmaceutical compositions to be used in inhalers. Although the subject matter of the claims was slightly different all involved the use of magnesium stearate. The patents were alleged to be obvious over various prior art citations and insufficient.
Arnold J held that Glaxo had not established that the patents were obvious over the prior art but that they were invalid on the ground of insufficiency. He also held that Vectura had not established that the patents were infringed by Glaxo, although Glaxo were entitled to an Arrow declaration because its process was obvious over the prior art citations.