Sandoz and Teva v BMS and Pfizer [2022] EWHC 1831 (Pat)
Apixaban, trade name ELIQUIS, is a successful drug for treating thromboembolic disorders. This trial concerned four patents relating to formulations of apixaban (the “Patents”), all from the same family having priority dates of 25 February 2010. Sandoz/Teva argued that the Patents are obvious over a review article by Carreiro and Ansell, “Apixaban, an oral direct Factor Xa inhibitor: awaiting the verdict”, published in November 2008 in Expert Opinion on Investigational Drugs, (“Carreiro”). The other prior art citations pleaded by Sandoz/Teva were not considered at trial.
Meade J heard the trial in person between 28 April and 13 June 2022. The Judge decided that that the Patents are invalid for obviousness over Carreiro in light of the common general knowledge of the skilled person.
Adam Gamsa appeared as junior counsel for Sandoz, instructed by Bristows LLP. Piers Acland QC and Anna Edwards-Stuart appeared for BMS/Pfizer, instructed by Hogan Lovells LLP.