Posted: July 17th, 2017
Swiss Pharma International v. Biogen MA Inc., District Court The Hague, the Netherlands, 12 July 2017, ECLI:NL:RBDHA:2017:7628
Biogen holds EP 1485127, which relates to the treatment of Multiple Sclerosis (“MS”). Swiss Pharma seeks to invalidate the Dutch part of the patent. Claims 1, 3 and 4 are invalidated due to lack of novelty as these were disclosed in a conference abstract. Claim 2 is found to be non-inventive as a man skilled in the art would prolong treatment for chronic MS patients based on his common general knowledge combined with the conference abstract. The Dutch part of the patent is therefore revoked.
Parties agreed that the provisions of the Enforcement Directive should apply to costs as the nullity proceedings should be seen as proceedings anticipating an infringement claim. Biogen has to pay EUR 200 000 in costs as agreed earlier between parties.
A copy of the decision can be read here.