Posted: April 12th, 2018
Sandoz B.V. v. AstraZeneca AB, District Court The Hague, 11 April 2018, Case No. ECLI:NL:RBDHA:2018:4127
Contrary to earlier PI infringement proceedings, which were confirmed on appeal earlier (see here), the Court in invalidity proceedings instigated by Sandoz ruled that AstraZeneca’s patent relating to a Fulvestrant formulation marketed under the name FASLODEX® which is used for the treatment of oestrogen hormone dependent breast cancers is not inventive.
The man skilled in the art would look for a formulation of which he knows clinical tests showed good results, he would find McLeskey during the search and would test the suitability of the formulation mentioned therein with a reasonable expectation of success.
A copy of the decision (in Dutch) can be found here.