Setterwalls acted for Teva in relation to revocation of pharmaceutical patent

The Patent and Market Court approved Teva’s revocation action against Boehringer Ingelheim’s patent for capsule formulations of the COPD drug tiotropium.

Setterwalls has represented the leading generic pharmaceutical company Teva in a patent dispute against Boehringer Ingelheim. Teva sued Boehringer Ingelheim for revocation of Boehringer Ingelheim’s patent for capsule formulations of the COPD drug tiotropium. Boehringer Ingelheim defended the patent in a number of alternative versions. The key issues in the patent dispute were whether the capsule formulations were inventive and whether the alternativ versions of the patent claims added matter to or extended the scope of protection of the patent application as filed. After three years of preparatory proceedings and a seven day trial, the Patent and Market Court announced its judgment on 18 May 2018. The Court approved Teva’s action in every respect and revoked the relevant patent claims for lack of inventive step, added matter and extension of scope of protection.