The Patent
The Patent
It is common ground that there is no material difference between the Patent and the application which preceded it, and therefore it is possible in this case to determine the issues by reference to the Patent. The judge set out the disclosure of the Patent at [145]-[184]. For the purposes of the appeal, the following summary using the headings and sub-headings in the specification will suffice.
Field of the invention
The specification states at [0001]:
“The present invention relates to C-aryl glucosides which are inhibitors of sodium dependent glucose transporters found in the intestine and kidney (SGLT2) and to a method for treating diabetes, especially type II diabetes, as well as hyperglycaemia, hyperinsulinemia, obesity, hypertriglyceridemia, Syndrome X, diabetic complications, atherosclerosis and related diseases, employing such C-aryl glucosides or in combination with one, two or more other type antidiabetic agent and/or one, two or more other type therapeutic agents such as hypolipidemic agents”
- 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
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