Pfizer Limited v. GlaxoSmithKline Biologicals S.A. and ID Biomedical Corporation of Quebec, High Court of Justice, Patents Court, London, UK, 7 Oktober 2024, Neutral Citation Number: [2024] EWHC 2523 (Pat)
In a 171 page decision handed down on 7 October 2024 by Mr Justice Mellor, Pfizer was held to have been successful in a UK High Court patent action concerning RSV vaccines against GlaxoSmithKline (GSK).
The case brought before the High Court in London centred on two GSK patents concerning RSV vaccines – EP (UK) 3 109 258 and EP (UK) 2 222 710. Pfizer brought the action to revoke the patents in advance of the launch of its own RSV vaccine product in the UK.
In his judgment, Mr Justice Mellor reached several key conclusions:
· Both EP258 and EP710 patents were found to be invalid for obviousness over all the prior art relied upon by Pfizer;
· Even if valid, the Court determined that Pfizer’s RSV vaccine product would not infringe either patent; and
· An Arrow declaration, as sought by Pfizer, was granted.
The case raises key points for practitioners and clients alike in terms of how to consider the skilled team, how experts should be encouraged to behave as if they were in a real world team in terms of discussions between them and how they should be instructed not to consider issues in their own individual silo.
There are also lessons for how cases should be prepared and pleaded in the UK if secondary evidence is to be relied on in support of a patentee’s defence to an obviousness attack. Such a case should be pleaded and expert evidence should be properly provided. The case also deals with infringement under both normal interpretation and under the doctrine of equivalents with the judge dealing with all 3 of the Actavis questions for both patents.
Finally, the case is notable in that the Judge granted one of the first Arrow declarations in several years, holding that it would serve a useful purpose given GSK divisional patent applications and the commercial uncertainty to Pfizer.
The judgment can be found here.
[Further summary follows]