Glaxo Group Ltd and other companies v Vectura Ltd

Patent – Infringement. The Patents Court considered the validity of three patents relating to pharmaceutical compositions for inhalation. The defendant company (Ventura) alleged that the claimant companies (together, GSK) had infringed the patents by the manufacture and sale of dry powder inhalers containing ingredients used to treat asthma and chronic obstructive pulmonary disease. The court held that GSK had not established that any of the patents were obvious over any of the cited prior art. Further, Vectura had not proved that GSK's process and products had infringed the patents. Furthermore, the patents were all invalid on the grounds of insufficiency. GSK's process, and hence the products obtained as a direct result of that process, were obvious over the prior art.

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