Sandoz GmbH v. Roche Diagnostics GmbH
England and Wales High Court of Justice
 EWHC 1313 (Ch), HC-2003-03648 (2004)
Roche Diagnostics GmbH (Roche) (defendant) was granted a UK patent for certain methods of preserving injectable liquids with active-protein ingredients, known in the industry as parenterals. The original patent was for three types of antimicrobial preservatives, used alone or combined in particular concentrations. Sandoz GmbH (plaintiff) sued to revoke the patent on the ground that it did not involve an inventive step. In response, Roche applied to amend the patent so that it involved only parenterals with erythropoietin (EPO) and applied a combination of at least two of the preservatives instead of any one of them alone. Sandoz argued that this amended patent described a method that was obvious at the time of filing, and that the patent was therefore invalid for failing to contain an inventive step. Roche maintained that the amended patent was nonobvious.
Rule of Law
Holding and Reasoning (Patten, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.