Teva v Bayer [2021] EWHC 2690
Patent validity, obviousness, claim construction
Teva sought to revoke a single claim of Bayer’s patent to clear the way for its generic product. The claim was to the tosylate salt of a known compound (sorafenib). Teva argued that the tosylate salt was obvious. Bayer denied that the tosylate salt was obvious and further argued that, on its true construction, the claim required that the tosylate salt be suitable for oral administration.
Mellor J held that the claim was invalid.
Permission to appeal was granted by the Court of Appeal. The case settled shortly before the hearing of the appeal.