Bird & Bird has secured a significant victory for Celltrion in the Unified Patent Court (UPC) after Novartis and Genentech’s attempt to impose a preliminary injunction (PI) against Celltrion’s biosimilar to Xolair was dismissed. The Düsseldorf local division ruled that there was no imminent threat of infringement, a crucial outcome for Celltrion.
The case revolved around Novartis and Genentech’s patent EP 3 805 248, which protects a specific formulation of omalizumab, the active ingredient in Xolair, used to treat allergic asthma. Novartis and Genentech alleged that Celltrion’s biosimilar formulation would infringe upon this patent, as Celltrion had obtained EU market authorisation…