Posted: May 19th, 2023
Sandoz Limited and Anor v. Bristol-Myers Squibb Holdings Ireland Unlimited Company  EWCA Civ 472
The Court of Appeal has dismissed BMS’appeal against the Patents Court’s finding that EP (UK) 1 427 415 (the “Patent”) is invalid.
This case is notable as it is the first in the UK to considerthe recent Enlarged Board of Appeal decision in G2/21. In dismissing BMS’appeal, the Court held that due to a lack of plausibility, the Patent made no technical contribution to the art and therefore lacked inventive step and was insufficient.
The entire summary can be read here.
The judgment can be read here.
Headnote and summary: Claire Wilson and Chloe Dickson, Bristows