Teva UK v AstraZeneca AB [2014] EWHC 2873 (Pat)
This was a second-medical use case concerning the use of a combination of budesonide and formoterol in the treatment of asthma. The combination had previously been known for maintenance treatment only but the patent disclosed its use for symptomatic relief as well. AstraZeneca, the patentee, had successfully commercialised the combination under the name Symbicort SMART. Teva sought revocation of the patent to clear the way for launch of its own product. Sales J held the patent invalid. An unusual feature of the case was the amendment of the Judge’s reasoning on obviousness during the period between circulation of the draft and handing down of the final judgment.
Kathryn Pickard appeared as junior counsel for AstraZeneca.