GlaxoSmithKline UK Limited-and-Wyeth Holdings LLC [2016] EWHC 1045 (CH)

12 May 2016

Michael Tappin QC and William Duncan appeared for the successful patentee in this claim for revocation by GSK and counterclaim for infringement by Wyeth. The patent related to meningitis B vaccines, identifying a valuable new vaccine candidate now known as factor H binding protein, that forms part of GSK’s Bexsero vaccine. The attacks against the patent were numerous and varied: insufficiency, obviousness, anticipation, added matter and lack of priority. The judge (Henry Carr J) rejected all of these attacks, finding the patent both valid and infringed.