Angiotech win at the EPO

It has just been announced that Angiotech have succeeded in their appeal to have their European patent application finally approved, after 12 years of proceedings at the EPO.

The patent, relating to Taxol-coated stents (right), had been the subject of opposition by Conor Medsystems, who had appealed the opposition division's decision in favour of Angiotech but failed due to their appeal being inadmissible.

This Kat presumes that this will not affect the status of the EP(UK) part of the patent, which was revoked by Jacob LJ (see previous posts here, here and here). The UK is looking like the odd man out, given the EPO's decision and the decision in the parallel proceedings in the Netherlands.

All about stents here, here and here. All about tents here.
Angiotech win at the EPO Angiotech win at the EPO Reviewed by David on Thursday, March 15, 2007 Rating: 5


Anonymous said...

Yeah but the oral proceedings before the TBA was only to decide whether to admit an "appeal" that was filed by an Art 105 party that intervened AFTER the Oppn Divn had DECIDED the case. No surprise there then, that the TBA shut the intervention out, allowing the OD decision to go final. I think you cannot read into this TBA Decision anything about what the TBA's attitude might have been, on the substance of validity of the claims.

David said...

Agreed, but not losing has the same effect as winning in this game. The opposition division decision stands, so that will be the final word. Personally, I think it is entirely plausible that the TBA would have found Angiotech's stents patentable in any case, since they tend to take a different approach to the English courts' more holistic/commonsense approach to inventive step.

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