The tribunal explored evidence provided by an expert, indicating that researchers would have likely developed around 20 similar formulations based on different drugs available in the market, reducing the effects of food. Some of these would fall within a broader interpretation of the patent claim.
This victory marks Astellas’ successful defense in a series of allegations previously brought by the two generic drug manufacturers. An appeals court had previously upheld its patent for the same medication in July, acknowledging its “technical contribution” to the field.
As of now, neither Astellas, Teva, nor Sandoz have commented on the verdict.
The patent in question is European Patent EP (UK) 2,345,410.
Astellas is represented by Thomas Mitcheson KC of Three New Square and Anna Edwards-Stewart of 11 South Square, instructed by Hogan Lovells.
Teva is represented by Charlotte May KC of 8 New Square and Katherine Moggridge of Three New Square, instructed by Pinsent Masons LLP.
Sandoz is represented by Charlotte May KC of 8 New Square and Joe Delaney of Three New Square, instructed by Pinsent Masons LLP.
