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UK – Sandoz and Teva v. BMS / Plausibility

19 May 2023

Sandoz Limited and Anor v. Bristol-Myers Squibb Holdings Ireland Unlimited Company [2023] 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