Astellas has successfully defended one of its U.K. patents against two generic drug manufacturers in a high-stakes courtroom battle over a treatment for overactive bladder syndrome. Despite this, Astellas could not convince the judge that its competitor’s product would infringe on its intellectual property.
In a comprehensive 102-page ruling, Judge Rachel Mellor, at the High Court, dismissed the arguments put forward by the defendants, Sandoz AG and Teva Pharmaceuticals, who contended that the patent for mirabegron, a specific compound, was invalid due to being obvious and failing to offer enough information for replication.
Teva had previously admitted that an earlier version of its generic product infringed the patent but did not introduce arguments concerning a new version in time for the trial. However, Astellas’ infringement claims against Sandoz, a Swiss company, fell short of convincing the judge.
Judge Mellor found a lack of evidence regarding whether Sandoz’s medication reduced the impact of food on the drug’s absorption rate, a crucial element of Astellas’ patent, which had been a subject of intense debate.
