![]() 553 whereby the court must: 1) ascertain through the eyes of the skilled addressee what was disclosed, both explicitly and implicitly in a patent application, 2) do the same for the patent as granted, and 3) then compare the two disclosures and decide on whether any subject matter relevant to the invention has been added or deleted. With regard to the added matter challenge, the Court of Appeal held that Floyd J had correctly followed the test laid out in Bonzel v Intervention Ltd (No.3) R.P.C. The appeal was heard by a panel of three judges including the recently promoted Kitchin LJ and Sir Robin Jacob (who retired in 2011 but who remains very active in the field and who came back to form part of the panel for this appeal). Unfortunately both the added matter and obviousness arguments were rejected by the Court of Appeal and so the trial judge’s decision was held to be correct in every material aspect. Richter appealed the judge’s findings on points (ii), (iii) and (iv). (iv) The 301 and 069 patents were not invalid for added matter. (iii) Claim 1 of the 301 patent was not invalid for obviousness and (ii) Claim 6 of the 069 patent was not invalid for obviousness (i) Claims 1 and 19 of the 069 patent were invalid for obviousness but he permitted amendment to remove claims 1 to 5 and make claim 19 dependent of claim 6 At trial, the court held some of Bayer’s claims were invalid for obviousness but not for added subject matter. One of the grounds of invalidity was that the patents were obvious in respect of various items of prior art. ![]() ![]() Richter (a Hungarian company) applied to have two Bayer patents (EP (UK) 1 380 301 and EP (UK) 1 598 069) revoked for invalidity. The court has also given guidance on the test for obviousness in circumstances where it is argued that the invention covered by the patent would have been “obvious to try”.īut first, a quick recap of the facts of the case: We can now report the decision of the Court of Appeal in this case (handed down on 7 March 2012) where the court has clarified the test to be applied when evaluating patent amendment on the grounds of added subject matter. Using new ideas, Schering AG aims to make a recognized contribution to medical progress and strives to improve the quality of life: making medicine work.Last April we reported the case of Gedeon Richter plc v Bayer Schering Pharma AG EWHC 583 (Pat), concerning immediate release formulations of a combination contraceptive product containing the steroidal hormones drospirenone and ethinylestradiol. With in-house R&D and supported by an excellent global network of external partners, Schering AG is securing a promising product pipeline. As a global player with innovative products Schering AG aims for leading positions in specialized markets worldwide. Its activities are focused on four business areas: gynecology and andrology, oncology, diagnostic imaging as well as specialized therapeutics for disabling diseases. Schering AG is a research-based pharmaceutical company. The name the new company will be "Bayer Schering Pharma". Research centers will be in Germany (Berlin and Wuppertal) and in the U.S. This will include heads of major global functions of the new company. The headquarters of the new global pharma business and its executive board will be located in Berlin. The goal is to create a global pharmaceutical business which is highly profitable and attractive for shareholders and employees. Schering and Bayer have agreed to combine both businesses in a manner which balances the interests of all stakeholders. Together they will be even more competitive internationally". "Both businesses are complementary and follow the same strategy. Hubertus Erlen, chairman of the executive board of Schering AG. Joining forces of Schering and Bayer will form a leading specialized pharmaceutical company", says Dr. The price of EUR 86 per share in connection with several other important commitments is a good offer. "The Executive Board has carefully examined the proposal considering the interests of all stakeholders. At the offer price, Schering's equity is valued at EUR 16.3 billion, based on 190 million shares outstanding. The Executive Board of Schering AG, Germany on Friday announced that it will support a voluntary public offer by Bayer AG to acquire all of the outstanding shares of Schering AG for a price of EUR 86 in cash which it will recommend to its shareholders after having assessed the offer documents.īayer's offer represents a premium of 29 percent over the XETRA closing price of March 10. ![]()
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