Bird & Bird Successfully Defends Celltrion in UPC Infringement Case Against Novartis
Written By
Partner
Germany
I have been with our firm since the opening of its first German office in Düsseldorf in 2002. I have 20 years' history of litigating patents on both sides of the "v."
Partner
Netherlands
I am a partner in our Intellectual Property Group, co-managing partner of our offices in the Netherlands and co-head of our Dutch Life Sciences Group. I specialise in patents and other IP rights, as well as trade secrets.
Bird & Bird has secured a significant victory for Celltrion in the Unified Patent Court (UPC) after Novartis and Genentech’s attempt to impose a preliminary injunction (PI) against Celltrion’s biosimilar to Xolair was dismissed. The Düsseldorf local division ruled that there was no imminent threat of infringement, a crucial outcome for Celltrion.
The case revolved around Novartis and Genentech’s patent EP 3 805 248, which protects a specific formulation of omalizumab, the active ingredient in Xolair, used to treat allergic asthma. Novartis and Genentech alleged that Celltrion’s biosimilar formulation would infringe upon this patent, as Celltrion had obtained EU market authorisation…
