Sandoz GmbH v. Roche Diagnostics GmbH

[2004] EWHC 1313 (Ch), HC-2003-03648 (2004)

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Sandoz GmbH v. Roche Diagnostics GmbH

England and Wales High Court of Justice
[2004] EWHC 1313 (Ch), HC-2003-03648 (2004)

MP

Facts

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

Issue

Holding and Reasoning (Patten, J.)

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