Birss J excuses Chugai from tocilizumab royalties in UCB "validity tie breaker"

It's August.  The Friday before a Bank Holiday weekend.  So surely, Mr Justice Birss is not handing down a meaty patent judgment today?  Think again.  This morning, Birss J handed down his decision in Chugai Pharmaceutical v UCB & Celltech [2018] EWHC 2264 in favor of Chugai.The issueThe AmeriKat heads into her BankHoliday weekend armed with Birss J'slatest judgmentThe case concerns a worldwide licence granted to Chugai by UCB, for US patent 7,566,771 entitled "Humanised Antibodies".  This patent expires on 29 July 2026 and is one of a portfolio of patents licenced to Chugai.  Under the licence, royalties are paid on the sales of a relevant product in a territory if that product falls within the scope of one of the patent's claims (i.e. "infringes") irrespective of the patent's validity unless and until the patent is finally declared invalid (see Jacob LJ in Celltech v Medimmune [2004] EWCA Civ…

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