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UK High Court rejects revocation action by South Korea’s Celltrion

( January 30, 2025, 22:39 GMT | Official Statement) -- MLex Summary: A jointly owned Genentech and Novartis patent utilized in asthma drug XOLAIR is valid and infringed by Celltrion, the UK High Court ruled today. Celltrion’s lawsuit sought revocation of EP (UK) Patent No. 3,805,248 on various grounds, including lack of novelty. Judge Richard Hacon disagreed, holding today that the specific means for making the liquid pharmaceutical formulations of omalizumab disclosed in the ‘248 patent was not taught by an international patent application identified as Liu. “The prior art must, on a correct analysis, provide an individualized description of the invention as claimed, including the relevant value of the element in issue, in order to deprive the invention of novelty,” Hacon wrote. Liu’s disclosure of “a formulation with alternative polysorbates, each having a range of concentrations” does not satisfy that standard.See attached document....

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