Tom Moody-Stuart KC and Henry Ward represented the Claimants, Teva, and the Defendants, Novartis, respectively, in an action for revocation of two Novartis patents for a swallowable tablet containing deferasirox – a compound used in the treatment of iron overload – and a declaration of non-infringement for Teva’s product Teva DFX. Novartis counterclaimed for infringement.
HHJ Hacon found that the patents were obvious over two prior art documents, and that in any case, Teva DFX would not have infringed on a normal construction of the claims or by the principle of equivalents. The judge also made observations as to the correct approach to the consideration of interactions between members of a skilled team and to instructing experts in such cases and considered the proper approach to taking into account technical advantages of a product when considering infringement and validity.