Teva v Astellas & Sandoz v Astellas [2022] EWHC 1316 (Pat)
Patent validity, obviousness
Teva and Sandoz each sought to revoke a patent of Astellas which claimed the use of mirabegron as a treatment for overactive bladder. By the time of the trial Teva and Sandoz relied on a single prior art citation, an Australian patent application referred to as 288, which Teva and Sandoz argued rendered the patent obvious, together with an insufficiency squeeze. Infringement was not disputed.
Meade J held that he patent was held to be valid and infringed.
Permission to appeal was granted by the trial judge. The appeal will be heard in July 2023.