On 28 April 2025 Michael Tappin KC sitting as a Deputy Judge handed down judgment in Generics (U.K.), Teva & Glenmark v AstraZeneca [2025] EWHC 1012 (Pat). The judgment can be found here.

The Deputy Judge found that AstraZeneca’s patent EP 1506211 (and SPCs) covering its diabetes product dapagliflozin (Forxiga) is invalid for lack of plausibility and lack of technical contribution. The decision discusses the application of EPO caselaw in relation to both issues, including the question of plausibility and the effect of the EBA decision in G2/21.

Tom Mitcheson KC acted for Generics (U.K.), Teva & Glenmark, Tim Austen acted for Teva and Stuart Baran acted for AstraZeneca in the validity proceedings.