Fujifilm Kyowa Biologics Co. Ltd v AbbVie Biotechnology Ltd

Patent – Revocation. The Patents Court, among other things, held that it had jurisdiction to grant a declaration sought by the claimant company that its products, which were biosimilar to the antibody 'adalimumab' used for the treatment of rheumatoid arthritis, psoriatic arthritis and/or psoriasis, would have been obvious at the priority dates of the defendant's patents. Section 74 of the Patents Act 1977 did not prohibit a declaration relating to a published application.

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