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X AG, Biogen Inc. and Genentech Inc. v. Celltrion Inc., Court of Appeal The Hague, The Netherlands, 30 July 2019, Case No. Zoekresultaat – inzien document ECLI:NL:GHDHA:2019:1962

Biopharmaceutical company Celltrion developed a biosimilar of a chimeric monoclonal antibody, named ‘rituximab’, that according to Celltrion is bio-equivalent to X AG’s antibody. Celltrion obtained a marketing authorization for the biosimilar.

X AG and Biogen jointly hold EP 304. X AG markets MabThera -that is based on EP 304- on the EU market. Opposition against EP 304 was successfully lodged at the EPO, amongst others by Celltrion. Biogen has appealed the decision of the Opposition Division.

In first instance invalidity proceedings in the Netherlands, Celltrion successfully requested the revocation of EP 304. On appeal, Biogen requests that the first instance decision is quashed. The Court of Appeal rules on a priority issue and stays the rest of the proceedings until the Technical Board of Appeal decides on the matter or until these proceedings come to a conclusion in any way. This, in order to avoid conflicting decisions.

A copy of the decision (in Dutch) can be read here.