Wednesday 15 June 2022
The Appellant, Aspire Pharma Ltd, D2 below, challenges the order of Meade J dated 2 July 2021, by which he declared that the relevant patents were valid, dismissed D2’s counterclaim and ordered D2 to pay 95% of the Claimants’ costs.
Background: The proceedings concerned two joined cases regarding European Patent (UK) No. EP 1 920 764 (the Patent) which protected the drug travoprost (fluprostenol isopropyl ester (FIE), for the treatment of glaucoma. Although the Patent had expired, the trial was considered necessary because interim injunctions had been obtained on the basis of the Patent in respect of which cross-undertakings in damages were given: If the Patent was found to be invalid then those cross-undertakings would come into force. In the event that the Patent was found to be valid, D2 admitted generic products. A remote trial took place on 16, 17, 18 and 22 March 2021. D2 was the only active defendant by the trial. A written judgment was handed down by Meade J on 23 April 2021. Meade J concluded that the patent was valid and the allegation of obviousness over Stjernschantz (a publication on glaucoma) failed.