Sandoz v BMS & Teva v BMS [2022] EWHC 822 (Pat)
Patent validity, insufficiency (lack of plausibility), Agrevo obviousness
Apixaban, trade name ELIQUIS, is a successful drug for treating thromboembolic disorders. Sandoz and Teva each alleged that BMS’ patent protecting apixaban was insufficient because it did not contain any experimental data demonstrating that apixaban was an effective inhibitor of factor Xa, a key enzyme in the coagulation cascade. Sandoz and Teva also alleged that the patent was obvious over a single propr art citation.
The patent was held to be invalid by Meade J.
Permission to appeal was granted by the Court of Appeal. The appeal will be heard in April 2023.