Differing decisions from the UPC and EPO: Sanofi v Amgen; EP 3666797B
Following the Munich Central Division decision in the first-filed case of the Unified Patent Court (UPC) between Sanofi-Aventis v Amgen (UPC_CFI_1/2023), the Opposition Division has now issued its decision in the corresponding European Patent Office (EPO) opposition proceedings in which Sanofi is one of the opponents.
Interestingly, whilst the Munich Central Division revoked EP 3666797B across the UPC member states in which it was in force for lack of inventive step, the EPO Opposition Division concluded that the grounds of opposition do not prejudice the maintenance of the patent as granted and rejected the opposition.
A more detailed review of these conflicting decisions will follow shortly.
Related article
Lack of inventive step from a “realistic” starting point: Sanofi v Amgen, Rachel Bateman, 05 August 2024.
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