Aida Tohala has written a piece in GRUR Patent’s August 2023 edition on Plausibility in the UK following Sandoz and Teva v BMS. Abstract from piece below:
On 4 May 2023, the Court of Appeal handed down its decision in the case of Sandoz and Teva v BMS. The decision is notable for at least two reasons. Firstly, the fate of the patent in suit rested exclusively on an assessment of plausibility. Secondly, it is also significant that this is the first English case in which the Enlarged Board of Appeal’s key decision on this topic in G 2/21 has been applied. Moreover, as Lord Justice Arnold noted in his appeal judgment, this is “…a case in which the question as to the role of plausibility is posed very starkly” owing to the nature of the claims. This article explores the background to the decision, as well as the judicial reasoning on appeal, and sets out some of this author’s considerations on the state of the law on plausibility as things stand.
To read the full, German-language, article (subscription required), please click here.