kymab
Kymab
25 June 2020BiotechnologySarah Morgan

Analysis: Kymab’s ‘patent bargain’ clarification and why it matters

Yesterday’s UK Supreme Court  decision in Kymab v Regeneron is expected to have profound implications for innovative life sciences companies, according to lawyers.

In a 4-1 ruling, the Supreme Court allowed Kymab’s appeal, declaring that two of Regeneron’s patents, which cover transgenic mice, were invalid for lack of sufficient disclosure.

The requirement for sufficiency lies at the heart of this decision, said Barbara Fleck, partner at  Appleyard Lees.

“The judgement emphasises that, for a product claim, sufficiency requires that the disclosure in a patent should enable substantially all products within the scope of a product claim to be made by the skilled person at the priority date, regardless of any ground-breaking contribution achieved by the invention,” said Fleck.

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Biotechnology
24 June 2020   The UK Supreme Court today has sided with biopharmaceutical company Kymab, allowing its appeal in a suit involving Regeneron and patents covering transgenic mice.
Big Pharma
14 November 2018   The UK Supreme Court today dismissed Warner-Lambert’s appeal in its pregabalin patent dispute with Actavis, while clarifying the role of plausibility in the sufficiency of patent applications.

More on this story

Biotechnology
24 June 2020   The UK Supreme Court today has sided with biopharmaceutical company Kymab, allowing its appeal in a suit involving Regeneron and patents covering transgenic mice.
Big Pharma
14 November 2018   The UK Supreme Court today dismissed Warner-Lambert’s appeal in its pregabalin patent dispute with Actavis, while clarifying the role of plausibility in the sufficiency of patent applications.