13 July 2010

Patents Court Dismisses Appeal Against UKIPO Decision Yeda Research and Development Company Ltd v Comptroller of Patents [2010] EWHC 1733 (Pat)

Patents Court Dismisses Appeal Against UKIPO Decision Yeda Research and Development Company Ltd v Comptroller of Patents [2010] EWHC 1733 (Pat)

The Patents Court (England and Wales) recently dismissed an appeal against a decision (Yeda Research and Development Company Ltd v Comptroller of Patents [2010] EWHC 1733 (Pat)) of the UK Intellectual Property Office (UKIPO) in respect of the rejection of two Supplementary Protection Certificate (SPC) applications to cetuximab.

The SPC applications related to cetuximab in combination with irinotecan and for cetuximab alone. These were based on a patent that claimed a combination encompassing cetuximab and irinotecan. The supporting Marketing Authorisation (MA) for both of the applications was directed to Erbitux® (a product containing cetuximab alone) but included the possibility of administering it together with irinotecan.

The Court agreed with the UKIPO’s decision that the MA was unable to support the SPC application for the combination as the approved product was Erbitux® alone. Additionally, it was found that the other SPC application to cetuximab alone was also correctly rejected as the basic patent relied on related to the combination of cetuximab and irinotecan and, hence, did not protect cetuximab alone.

A more detailed analysis of this decision will follow shortly.