Sandoz and others v Bayer [2024] EWCA Civ 562
Bayer owns European Patent (UK) No. 1 845 961 (the “Patent”), which concerns once daily dosing of rivaroxaban (a blockbuster blood-thinning drug). At first instance, Hacon HHJ had found the Patent obvious over a poster entitled “Effects of Bay 59-7939, an Oral, Direct FXa Inhibitor, on Thrombin Generation in Healthy Volunteers”, by Sebastian Harder et al (“Harder”), which was made available to the public at the 45th Annual Meeting of the American Society of Hematology in San Diego, USA, held between 6-9 December 2003 together with various abstracts cited in the Blood journal in 2003.
Bayer appealed the Judge’s decision on obviousness. The appeal was heard and dismissed by Davies, Arnold and Falks LLJ on 16 May 2024.
Adam Gamsa appeared as junior counsel for the Respondents, instructed by Pinsent Masons, Bristows, HGF Law and Taylor Wessing. Iain Purvis KC appeared for the Appellants, instructed by A&O Shearman.