PI awarded following disagreement with EPO on added matter – Novartis v Dr Reddy's

The English Patents Court recently handed down a decision granting Novartis a preliminary injunction to prevent infringement of its second medical use patent protecting sales of its breast cancer drug everolimus (marketed as Afinitor) – Novartis Pharmaceuticals UK Limited v Dr Reddy's Laboratories (UK) Limited [2019] EWHC 92 (Pat).  Dr Reddy's opposed the injunction on the basis that the patent in issue is invalid on the basis of added matter but did not otherwise dispute infringement. What is interesting about the decision is that the High Court reached a "provisional but clear" view at the interim hearing that there is no added matter in claim 1 of the patent.  This differs from the EPO's decision of September 2018 in opposition proceedings, where the patent was found to be invalid for added matter under Art 123(2) EPC (see EPO decision here). The EPO decision is currently under appeal. BackgroundThe patent in issue is EP(UK) 2 269 603…

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