In Feburary 2009 Novartis AG brought a claim against Dexcel-Pharma Ltd for infringement of its patent for isolated cyclosporins, a naturally occurring peptide produced by fungi which produces immunosuppression that is useful in recipients of organ transplants. Dexcel-Pharma had not yet marketed its product, Deximune, in the UK. The validity of the patent had already been established in the case of Novartis AG v Ivax Pharmaceuticals UK Ltd [2006] EWHC 2506. The primary issues before the court were firstly, on construction, whether the Deximune comprised a hydrophilic phase and a lipophilic phase within the meaning of the patent, and secondly whether Deximune was a ‘microemulsion preconcentrate’. The Judge held that the marketing of Deximune in the UK would constitute an infringement of the patent. Daniel Alexander QC and Mark Chacksfield represented the successful Claimant.
