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Court of Appeal upholds the High Court's decision declaring the patent for a Factor Xa inhibitor, known as apixaban, and its corresponding Supplementary Protection Certificate, invalid due to a lack of plausibility. The original court found that the patent application failed to provide a plausible disclosure that apixaban would work as an effective Factor Xa inhibitor. The appeal focused on whether the original decision was correctly based on the evidence presented and the legal test for plausibility. The appellate court determined that the High Court's judgment did not adequately address the core elements of the case, leading to the decision to remit the case for a rehearing in the High Court.
Factor Xa inhibitor, apixaban, patent invalidity, plausibility, Supplementary Protection Certificate (SPC), European Patent Convention (EPC), High Court, Court of Appeal, rehearing, drug design process, common general knowledge (CGK), technical teaching, European Patent Office (EPO), Enlarged Board of Appeal, G2/21 Sumitomo, judicial comity, intellectual property rights.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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