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Novartis AG & Ors v Focus Pharmaceuticals Ltd & Ors [2015] EWHC 1068 (Pat) (27 April 2015)

Case Summary  |  Judgment  |  27 April 2015


This was the trial of a patent infringement claim, brought by Novartis, over a patent directed at the drug rivastigmine for use in a method of treating alzheimer’s disease through administration via a transdermal therapeutic system, in particular a transdermal patch. Daniel Alexander QC appeared for the Defendants “Focus”, “Actavis” and “Teva”, along with Henry Ward, Tom Moody-Stuart and Mark Chacksfield respectively.

Arnold J found that the Patent was invalid for added matter and lack of inventive step, but not for insufficiency. The fundamental objection on the basis of added matter was the addition of information teaching the skilled team of a particular starting dose. The Patent was obvious over the a US patent which gave a sufficient expectation of success to warrant a routine clinical trial from which the starting dose would have been found. The Defendants had not proved that if the Patent was valid it had not been infringed.

Daniel Alexander QC and Henry Ward were instructed by Olswang LLP.
Daniel Alexander QC and Tom Moody-Stuart were instructed by Pinsent Masons LLP.
Daniel Alexander QC and Mark Chacksfield were instructed by Bird & Bird LLP.