06 November 2015
Teva UK Ltd v Boehringer Ingelheim Pharma GmbH & Co KG [2015] EWHC 2963 (Pat), [2015] All ER (D) 214 (Oct)
The Chancery Division held that an application brought by the defendant pharmaceutical company, Boehringer Ingelheim Pharma GmbH & Co KG, to introduce new claims to a patent dispute would be dismissed, where the proposed use of a drug, to be used in a dry powder inhaler for the delivery of tiotropium bromide to the lung of a patient suffering from chronic obstructive pulmonary disease or asthma, was obvious and the new claims revealed no inventive step.
