Mr Justice Mellor has given judgment in Sandoz AG & Ors v Biogen MA Inc [2024] EWHC 2567 (Pat), a patent case concerning a method of evaluating a patient’s risk of developing PML, a potentially fatal neurological condition, in connection with the treatment by natalizumab, an antibody therapy for multiple sclerosis.

The judgment covers a panoply of issues including construction, classical obviousness, lack of technical contribution and arbitrary claim features, insufficiency including classical insufficiency and breadth of claim insufficiency, added matter, infringement including by equivalence and territoriality aspects of infringement, and a novel form of declaratory relief concerning the disclosure of the PCT.

The judgment is available here.

Thomas Lunt was instructed by Sandoz and Polpharma.