Glaxosmithkline Biologicals SA v Novartis AG, Court of Appeal - Patents Court, April 30, 2009, [2009] EWHC 931 (Pat)

Reporting Judge: [2009] EWHC 931 (Pat)

President: Glaxosmithkline Biologicals SA v Novartis AG

Linked as:

Extract

Glaxosmithkline Biologicals SA v Novartis AG, Court of Appeal - Patents Court, April 30, 2009, [2009] EWHC 931 (Pat)

Neutral Citation Number: [2009] EWHC 931 (Pat)

Case No: HC 08 C03720

IN THE HIGH COURT OF JUSTICE

CHANCERY DIVISION

PATENTS COURT

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: 30/04/2009

Before:

MR. JUSTICE KITCHIN

- - - - - - - - - - - - - - - - - - - - -

Between:

- - - - - - - - - - - - - - - - - - - - -

Transcript of the Shorthand/Stenographic Notes of Marten Walsh Cherer Ltd.,

12-14 New Fetter Lane, London EC4A 1AG.

Telephone No: 020 7936 6000. Fax No: 020 7427 0092

- - - - - - - - - - - - - - - - - - - - -

MR. COLIN BIRSS QC (instructed by Messrs. Rouse Legal, London E14) appeared on behalf of the Claimant.

MR. MARK CHACKSFIELD (instructed by Messrs. McDermott Will & Emery,

London EC2) appeared on behalf of the Defendant.

- - - - - - - - - - - - - - - - - - - - -

JUDGMENT

MR. JUSTICE KITCHIN :

1. This is a patent action in which the claimant seeks revocation of the defendant's European Patent (UK) No. 1 401 489 entitled ``Capsular Polysaccharide Solublisation'' (``the Patent''). I now have before me an application for a stay of the action for a period of 12 months.

2. The Patent relates to a process for purifying polysaccharides from bacteria which is used in the context of preparing vaccines against the bacteria from which the polysaccharides are derived. The Patent was granted on 5 April 2006 and its earliest claimed priority date is 20 June 2001. The claimant began this action on 24 December 2008.

3. The validity of the Patent is attacked on the grounds of lack of novelty and lack of inventive step. The claimant relies upon two of its own patent publications, one being European Patent No. 0 072 513 ("SKB 1"), for lack of novelty, and upon those publications and an article entitled "Polyosides (encapsulated bacteria)", by A.A. Lindberg, for obviousness.

4. The CMC in t...

See the full content of this document