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ON APPEAL FROM THE HIGH COURT OF JUSTICE, BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES, INTELLECTUAL PROPERTY LIST (Ch), PATENTS COURT
Dr Michael Tappin KC sitting as a Deputy High Court Judge
Royal Courts of Justice
Strand, London, WC2A 2LL
Before :
LORD JUSTICE PETER JACKSON
LORD JUSTICE ARNOLD
and
LORD JUSTICE STUART-SMITH
Between :
(1) GENERICS (U.K.) LIMITED (2) TEVA PHARMACEUTICAL INDUSTRIES LIMITED AND TEVA UK LIMITED (3) GLENMARK PHARMACEUTICALS EUROPE LIMITED | Claimants/ Respondents |
- and - | |
ASTRAZENECA AB | Defendant/ Appellant |
Thomas Hinchliffe KC, Stuart Baran, Thomas Lunt and Dheemanth Vangimalla (instructed by Freshfields LLP) for the Appellant
Tom Mitcheson KC and Adam Gamsa (instructed by Taylor Wessing LLP) for Viatris
Tom Mitcheson KC and Tim Austen (instructed by Pinsent Masons LLP) for Teva
Tom Mitcheson KC and Kathryn Pickard KC (instructed by Powell Gilbert LLP) for Glenmark
Hearing dates : 25-26 June 2025
Approved Judgment
This judgment was handed down remotely at 10.30am on 16 July 2025 by circulation to the parties or their representatives by e-mail and by release to the National Archives.
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- Heading
- Lord Justice Arnold Introduction
- The law concerning plausibility
- G 2/21
- The law concerning arbitrary selections
- The skilled team
- The expert witnesses
- Common general knowledge
- The Patent
- Background of the invention
- WO 128
- The judge’s judgment
- AstraZeneca’s grounds of appeal
- Grounds 1-3: interpretation of the Patent
- Grounds 4-6: the law concerning plausibility
- Grounds 7-8: arbitrary selection
- Conclusions
![CA-2025-001040 - [2025] EWCA Civ 903](https://backend.juristeca.com/files/emisores/logo_Sjvxvlx.png)