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The English Patents Court examines the law on enablement in the context of lack of novelty based on both prior publication and prior use.
Earlier this year (17 July 2019) in Takeda UK Limited v F. Hoffmann-La Roche AG Mr Justice Colin Birss of the Patents Court of the English High Court of Justice handed down a judgment holding that Roche's European Patent (UK) number 2,007,809 titled "Glycosylated Antibodies" was invalid for lack of novelty, lack of technical contribution and insufficiency. Birss J also held that Takeda's allegedly infringing product fell within the scope of the claims. A copy of the decision can be found here. The...
November 19, 2019
5 min read