UK Patent Ruling Sharpens Contrast With US Practice

Law360 (April 18, 2018, 12:05 PM EDT) -- On March 28, 2018, the U.K. Court of Appeal handed down its decision in Regeneron Pharmaceuticals Inc. v. Kymab Ltd. and Novo Nordisk AS,[1] reversing a lower court decision that found two critical patents covering Regeneron’s transgenic mice technology invalid for lacking sufficiency of disclosure. The rationale and analysis underlying the decision are significant because they align the U.K.’s approach to the assessment of insufficiency with that of the European Patent Office, and highlight, for U.S. life sciences and technology companies, the stricter standard to which patent specifications are subject in Europe.

The patents, EP 1360287 and EP 2264163, both disclose...

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