Decision Nº O/144/15 from Intellectual Property Office - (Patent decisions), 2 April 2015
| Judge | Mr A C Howard |
| Court | Intellectual Property Office (United Kingdom) |
| Patent Number | EP(UK) 1482046 B1 , EP(UK) 2345724 B1 |
| Administrative Decision Number | O/144/15 |
| Date | 02 April 2015 |
| Parties | Teva Pharma B.V. v Amgen Inc Amgen Manufacturing Ltd |
BL O/144/15
02 April 2015
BETWEEN
TEVA PHARMA B.V.
Claimant
and
AMGEN Inc
AMGEN MANUFACTURING Ltd
Defendants
PROCEEDINGS
Application under section 13 and reference under section 37 in respect of EP(UK)
1482046 B1 and EP(UK) 2345724 B1
HEARING OFFICER
A C Howard
Miss Charlotte May QC (instructed by Carpmaels & Ransford LLP) appeared on behalf of
the claimant
Mr Tom Hinchliffe (instructed by Messrs J A Kemp) appeared on behalf of the claimant
Hearing date: 15 September 2014
DECISION
I. Introduction
1 The claimant (“Teva”) launched these proceedings on 11 December 2013. They
relation to entitlement, and a related application under section 13 of the Act
regarding inventorship.
2 Teva also seek a decision from the comptroller declining to deal with the section 37
reference – thus allowing the entitlement proceedings to move to the Patents Court.
The defendants (collectively “Amgen”) oppose this course of action. In addition, the
defendants seek summary judgment in their favour, or striking out of the claimant’s
statement of case.
3 In the course of the proceedings, EP2345724 (“the 724 patent”) was revoked both in
the UK and centrally before the EPO, with the agreement of both parties (more of
this below). The central revocation was confirmed after the hearing took place, and I
To continue reading
Request your trial