Case Law: A Review of selected Pharmaceutical Patents in the UK Courts during 2020

Abstract

Patentslie at the interface between technology and law. This article provides a criticalreview of four high profile cases from 2020 in which patents relating topharmaceuticals were litigated in the UK Courts. The selected cases in thisreview involved ‘sufficiency’, ‘novelty’, ‘inventiveness’, ‘plausibility’ and ‘infringement’issues. The first case is a dispute between Regeneron Pharmaceuticals and Kymab Ltd in relation to Regeneron’spatent for a transgenic mouse platform. The second case relates to Pfizer’s patent for their Prevnar®13pneumococcal vaccineand the alleged infringement of this patent by Merck Sharp & Dohme. The third case concerns the validity of apatent belonging to NeurimPharmaceuticals Ltd relating to a slow-release formulation of melatonin fortreating primary insomnia. The final case is a dispute between FibroGen Inc. and AkebiaTherapeutics concerning FibroGen’spatents for hypoxia-inducible factor prolyl hydroxylase enzyme inhibitors (“HIF-PHIs”) for use in treating anaemia. The article aims to focus onthe technology behind the patents and to provide an insight into how science interactswith law in the context of patent enforcement and infringement.