Patents - Gilead Sciences Inc v NuCana Plc
Jane Lamber t Patents Court (Mr Justice Meade) G ilead Sciences Inc and another NuCana PLC [2023] EWHC 611 (Pat) (21 March 2023) This was an action by Gilead Sciences Inc. and its British subsidiary Gilead Sciences Ltd ("Gilead") for revocation of two European Patents (UK) that had been granted to NuCana Plc ("NoCana"), namely EP 2 955 190 B1 (“EP190”) and EP 3 904 365 B1 (“EP365”) . NuCana complained that Gilead's product sofosbuvir infringed its patents. Mr Justice Meade, who tried the action, could see no real defence to the counterclaim if the claims of the patents were valid. Grounds of Revocation Gilead sought revocation of the patents on the following grounds: Added matter in that the Markush group definitions of the claims of the patents are not clearly and unambiguously disclosed in the original application; Lack of plausibility in that the Patents do not plausibly disclose any technical contribu...