On Nov 08, 2016, The Court of Appeal (UK) has upheld Arnold J’s judgment on the Gilead v Idenix case, which concerned the validity of Idenix’s patent EP(UK)1 523 489 covering a family of nucleoside analogues for the treatment of hepatitis C and other Flaviviridae infections and whether it was infringed by Gilead’s hepatitis C drug sofosbuvir (brand name SOVALDI).
At first instance, Arnold J found that sofosbuvir infringed EP’489 but that the patent was invalid for lack of novelty and inventive step, insufficiency and added matter. In second instance The Court of Appeal dismissed the appeal by Idenix and affirmed the decision of first instance and held patent invalid.
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