Life sciences-related cases started at a low level during the first years of the UPC's existence (about 25% of cases) and focused initially on the medtech sector. However, the UPC is now seeing increased activity relating to small molecule products as well as biosimiliars. In this context, one of our Herbert Smith Freehills Kramer Dusseldorf patent litigation partners, Ina vom Feld, commented for LSIPR (Life Sciences Intellectual Property Review) on a case involving small molecule technology that was recently filed at the UPC.
In UPC sees rising small molecule litigation with Pfizer in the hot seat, vom Feld considers the patent infringement proceedings brought by Enanta Pharmaceuticals against Pfizer at the UPC in relation to Pfizer's COVID-19 antiviral, Paxlovid, which drug Enanta claims infringes its patent across all 18 UPC member states. The case is unusual for featuring innovators on both sides.
The LSIPR article quotes vom Feld view that "The UPC's one-stop-shop character, offering a cost-efficient injunction in a large number of countries in one proceeding, makes it particularly attractive for a 'David vs Goliath' scenario like the present one."
In other comments, vom Feld compares the US litigation between the same parties (in which Enanta's patent was invalidated – Enanta intends to appeal) with the recent EPO decision to grant the European patent, which appears to have encouraged the current proceedings.
However, she highlights that the outcome of the case is not certain; the UPC will acknowledge the EPO's decision but will examine the patent with a fresh perspective. The UPC has a relatively high rate of revocation currently with over 40% of patents invalidated where validity has been in issue in proceedings.
Read the full LSIPR article here.
For more on the UPC and unitary patent see our UPC & UP Hub.
For more on current trends in the UPC, see Trends emerging as the UPC enters its third year.
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