Eric Enderlin
3 IP cases indexed. Covers patent matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
Alexion Pharmaceuticals, Inc. v.Samsung Bioepis NL B.V.
This UPC Court of Appeal decision addressed an application for provisional measures concerning a C5-binding antibody patent. The core issue revolved around claim interpretation, specifically whether a sequence ID number included extra amino acids as interpreted by the Technical Board of Appeal (TBA). The court ultimately found that this interpretation led to insufficient disclosure under Art. 83 EPC because the resulting claimed molecule was not functional as intended for drug use. Alexion's appeal was rejected, reinforcing strict standards regarding claim scope and enablement in biotech patents.
Alexion Pharmaceuticals, Inc. v.Amgen Technology (Ireland) Unlimited Company et al.
This UPC Court of Appeal decision addressed an application for provisional measures concerning a monoclonal antibody used to treat rare diseases like PNH. The core dispute revolved around the interpretation and validity of the patent claims, specifically regarding amino acid sequences. The court ruled that the claim was insufficiently disclosed because the full sequence did not possess the claimed therapeutic activity, leading to the rejection of Alexion's appeal.
NanoString Technologies Europe Limited v.President and Fellows of Harvard College
In a significant revocation action, the UPC Central Division completely revoked EP 2 794 928 B1, which covers methods for detecting analytes. The court determined that the patent lacked novelty over existing prior art (Göransson). This decision aligns with previous findings from both national courts and the Court of Appeal in related cases. The ruling underscores the UPC's commitment to rigorous examination of patent validity and strict adherence to procedural deadlines.
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