Posted: 17/10/2024
In this video, Dr Duncan Curley discusses the recent Enzalutamide decision made by the UK Patents Court on October 8th, 2024. This case concerned one of the leading prostate cancer treatments, Astellas’ Xtandi®. It involved a significant challenge to the validity of the enzalutamide molecule patent by three generic companies – Accord, Teva, and Sandoz.
Duncan explores the core legal arguments and explains the generics' reliance on two key prior art disclosures. He also reviews the expert evidence as presented in court, highlighting the issue of how the avoidance of hindsight is important in cases of obviousness, and how the court weighed the evidence in making its decision.