Members of chambers recently appeared in this third of a series of actions brought by Hospira in relation to Genentech’s patents in respect of trastuzumab, marketed by Genentech under the trade mark Herceptin. This action concerned Genentech’s patent claiming the use of trastuzumab in combination with a taxane for the treatment of HER2-positive breast cancer, in particular by extending the time to progression.
Richard Meade QC (instructed by Taylor Wessing LLP) appeared for Hospira, which alleged that the claims in the patent were anticipated by, alternatively obvious over, the prior art which described an ongoing Phase III trial of trastuzumab in combination with paclitaxel and another agent. Michael Tappin QC and Mark Chacksfield (instructed by Marks & Clerk Solicitors LLP) appeared for Genentech.
After a four-day trial, Arnold J held the patent invalid, finding that the claims in the patent were novel over the prior art but obvious in light of it.