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.
Headnote and summary: Claire Wilson and Chloe Dickson, Bristows