Richard Meade QCappeared as lead counsel for Hospira UK Limited, the Claimant, against Michael Tappin QC and Mark Chacksfield who acted on behalf of Genentech Inc. The two patents challenged by Hospira related to the breast cancer drug Herceptin and its active ingredient trastuzumab.
Birss J held that one patent was to be revoked and the second amended to delete the claims in issue. All amendments proposed by Genentech would extend the scope of protection. The EPO would not allow some of the amended claims, following their approach to product by process claims, so neither would Birss J. All amendments proposed would introduce added matter, and all claims in issue lacked an inventive step.
Richard Meade QC was instructed by Taylor Wessing.
Michael Tappin QC and Mark Chacksfield were instructed by Marks & Clerk Solicitors.