Accord Healthcare Ltd v Regents of the University of California and Astellas Pharma Europe Ltd [2024] EWHC 2524 (Pat)
On 8 October 2024, Mr Justice Mellor handed down his judgment in Accord Healthcare Ltd & Others (hereafter “the Claimants”) v (1) Regents of the University of California and (2) Astellas Pharma Europe Ltd (together “Astellas”) [2024] EWHC 2524 (Pat), finding that EP (UK) 1 893 196 B2 (the “Patent”) and SPC/GB13/079 was not obvious. The Claimants’ arguments on sufficiency which were run as a squeeze also failed.
The Patent claimed the compound enzalutamide for the treatment of hormone refractory prostate cancer (“HRPC”), marketed under the brand name Xtandi, with a priority date of 29 March 2006.
Enzalutamide is an anti-androgen hormone therapy that blocks androgen receptors (“AR”). The Claimants relied on two pieces of prior art independently, both of which originated from the inventors discussing their work; a series of slides presented as part of a lecture (the “Slides”); and a poster depicting a step-wise development of molecules based on structure-activity relationship (“SAR”) studies (the “Poster”).
The Slides and the Poster were made available to the public at a conference in September/October 2005 and both disclosed what was agreed to be the closest prior art molecule, referred to as RD162. The structure of RD162 differed from that of the claimed compound RD162’ (enzalutamide) by virtue of a different substituent at the bottom right of the central thiahydantoin ring (“Position X”). RD162 had a cyclobutyl group, whereas RD162’ had a dimethyl substituent.
Permission to appeal has been refused.
The entire contribution can be read here.
The judgment can be read here.
