UPC CFI 146/2024

Cabazitaxel patent EP 2 493 466 lacks inventive step over the prior art (NHSC document disclosing cabazitaxel's antitumour use in docetaxel-pretreated patients)

Hinweis: Court found that the NHSC document disclosed the claimed antitumoral use of cabazitaxel, and that the skilled person would have expected this use without inventive step; no distinct technical effect was established for dependent claims relating to solvate form, dosing, or patient selection.

Dependent claims 3-4 (acetone solvate) lack inventive step as providing a specific solvate is common general knowledge

Hinweis: Court accepted that the acetone solvate form features were not linked to a technical effect and are within common general knowledge.

Claims 5-7 (cabazitaxel/prednisone doses and 3-week interval) disclosed in the NHSC document

Hinweis: Court accepted that dose and interval claims were disclosed in the NHSC document.

Claim 9 (prior docetaxel dose of at least 225 mg/m²) does not provide a distinct technical effect

Hinweis: Court found the 225 mg/m² limitation to be arbitrary or to respond to the same technical problem without a distinct technical effect.

EP 2 493 466 (cabazitaxel antitumour use patent) is valid over the prior art

Begründung: Court found claims 1-9 invalid for lack of inventive step based on the NHSC document as closest prior art; no distinct technical effect established for any dependent claim feature.

No auxiliary requests for patent amendment filed

Begründung: Sanofi did not file a R. 30 RoP application for patent amendment; therefore no auxiliary requests were available to consider.