Patent to prostate cancer treatment maintained by English High Court
The English High Court (EWHC) has found EP (UK)1893196 and the associated SPC to be valid.
The patent, licensed by Astellas Pharma Europe Ltd, covers the compound enzalutamide, which is marketed under name “Xtandi”, which is used in the treatment of both androgen dependent and hormone refectory (androgen independent) prostate cancer. The patent was found to be inventive over a poster and presentation provided by the inventors which disclosed data relating to a similar compound. Despite the verbal evidence provided by experts during cross examination, the Judge was, on balance, not persuaded that it was obvious to make the required modifications to the compound. In addition, the patent was held to provide enough data to show that the claimed compound had the desired activity, and so was sufficiently disclosed. This decision shows that even small and seemingly obvious modifications can result in a patentable invention, provided that there is credible supporting evidence.
A version of this report appeared in the Journal of the Chartered Institute of Patent Attorneys
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