Latest News - January 2015
Gilead wins in HCV dispute with Idenix
Mr Justice Arnold has ruled in favour of Gilead in Idenix Pharmaceuticals, Inc & Ors v Gilead Sciences, Inc & Ors [2014] EWHC 3916 (Pat), holding that the claims of Idenix's patent that are alleged to be infringed are invalid. The patent in question (EP 1 523 489) concerns modified nucleoside prodrugs for treating flaviridae infections, in particular hepatitis C.
Gilead had a marketing authorisation for sofosbuvir (an HCV treatment). Idenix claimed that Gilead was infringing by keeping and disposing of sofosbuvir. Gilead counterclaimed that the patent should be revoked for lack of novelty over an earlier patent application, that it lacks inventive step because it makes no technical contribution, and also that it is insufficient and contains added matter.
CJEU rules on parthenogenic stem cells
Following the outcome of the earlier AG's Opinion, the CJEU has ruled in International Stem Cell Corporation (case C-364/13) that parthenogenically derived stem cells are not "human embryos" within the meaning of the Biotechnology Directive. The CJEU states that:
"... in order to be classified as a 'human embryo', a non-fertilised human ovum must necessarily have the inherent capacity of developing into a human being. Consequently, the mere fact that a parthenogenetically-activated human ovum commences a process of development is not sufficient for it to be regarded as a 'human embryo'."
The court adds that in the light of current scientific knowledge, these particular cells do not have the inherent capacity of developing into a human being. However, it also states that such factual – technical – matters are for national courts to determine.
Irish and Austrian UPC local divisions
The Irish and Austrian Governments have both announced that they will host a local division of the Unified Patent Court. Whilst Austria has already ratified the UPC Agreement, Ireland is yet to do so.