Alexion Pharmaceuticals, Inc. v.Amgen Technology (Ireland) Unlimited Company, Amgen N.V., Amgen GmbH, Amgen AB, Amgen S.A.S., Amgen s.r.l., Amgen Biofarmacêutica Lda., Amgen Zdravila D.O.O.
Luxembourg (LU) · UPC-001086
Alexion Pharmaceuticals, the proprietor of European Patent 3 167 888 B1 relating to the antibody eculizumab for treating paroxysmal nocturnal hemoglobinuria, sought provisional measures against Amgen, which markets BEKEMV®, a biosimilar of Soliris®. The Court of First Instance (Hamburg Local Division) dismissed Alexion's application, and Alexion appealed. The Court of Appeal rejected the appeal, holding that the patent's SEQ ID NO:4 sequence must be interpreted as including 22 extra amino acids at the N-terminus, and that Alexion had failed to demonstrate with sufficient certainty that the skilled person would correct this as an error, rendering the patent claim more likely than not insufficiently disclosed under Art. 83 EPC.