Bristol-Myers Squibb Holdings Ireland Unltd Co. (appellant) v Sandoz Ltd & anr (respondents)
Wednesday 19 – Thursday 20 April 2023
By Appellant’s Notices filed on 15 June 2022 the appellant appeals the Order of Mr Justice Meade dated 25 May 2022.
The appellant, Bristol-Myers Squibb Holdings Ireland Unlimited Company (“BMS”), was Defendant below in linked proceedings brought by Sandoz Ltd and Teva Pharmaceutical Industries Limited (“Teva”). The claimants/respondents sought the revocation of European Patent (UK) 1 427 415 B1 (“the Patent”) in the name of BMS. The priority date was 21 September 2001. The claims of the Patent relate to a compound called apixaban, sold by BMS under the name ELIQUIS and which is used for thromboembolic disorders. Meade J granted judgment to the Claimants and declared that the Patent and Supplementary Protection Certificate SPC/GB11/042 were invalid, and ordered that both be revoked. BMS’s respective Part 20 claims were dismissed.