About this Video

• Video Title: Generics (U.K.) Ltd & ors (claimants/respondents) v Astrazeneca AB (defendant/appellant)
• Channel: Court of Appeal - Civil Division - Court 71
• Speakers: The transcript does not provide the names of all speakers, but mentions Dr. Baron, Mr. L, Mr. Mala, Mr. Mitch, M. Picard, Mr. Austin.
• Duration: 02:57:33

Introduction

This Court of Appeal hearing concerns an appeal against a decision regarding the validity of a patent for the compound dapagliflozin, an SGLT2 inhibitor used to treat diabetes. The claimants (generics companies) argued the patent was invalid for several reasons, primarily focusing on the lack of corroborating data within the patent to support its claims about dapagliflozin's properties.

Key Takeaways

• The appeal centers on the validity of a patent for dapagliflozin, a diabetes treatment.
• The claimants argued the patent was invalid due to a lack of corroborating data for its claims about dapagliflozin's properties.
• The judge ruled in favor of the claimants, finding the patent lacked plausibility and that dapagliflozin was a mere arbitrary selection from a class of molecules.
• The appellant argues the judge wrongly construed the patent and misapplied legal tests, citing inconsistencies between the court's decision and EPO rulings.
• The appellant also argues that the judge failed to consider the nature and speculative nature of the prior art.
• The appellant claims the judge improperly relied on witness cross-examinations for matters of patent construction.
• A key point of contention is the harmonization of UK patent law with EPO rulings and the approach taken to plausibility and inventive step. The appellant advocates for following established EPO jurisprudence.