UPC Holds Enanta Patent Invalid, Ending Paxlovid Claim Against Pfizer
Enanta Pharmaceuticals told the US Securities and Exchange Commission in a Form 8-K filed on 29 October that the Unified Patent Court (UPC) had released a decision that day holding its European Patent EP 4 051 265 invalid. In light of that finding, the court also held Enanta's infringement action against Pfizer's Paxlovid (nirmatrelvir tablets; ritonavir tablets) unfounded. The action covered the 18 EU member states that take part in the UPC.
What the 8-K says
Claim: Enanta sued Pfizer and certain subsidiaries at the UPC, alleging that the manufacture, use and sale of Paxlovid infringed EP 4 051 265.
Counterclaim: Pfizer counterclaimed for revocation of the patent.
Hearing: the infringement action and the counterclaim were heard on 29 September.
Outcome: on 29 October the UPC found the patent invalid and the infringement action unfounded.
What is not yet known
Everything above comes from a statutory disclosure by Enanta, a party to the case; the UPC decision itself has not been reviewed. The 8-K does not name the division that decided the case, the grounds of invalidity or whether every claim fell, and it says nothing about an appeal.
J&C notes that the infringement action and the revocation counterclaim were heard together, so once the patent fell, the infringement claim fell with it. Patent owners planning UPC actions should test the patent's validity before filing on the assumption that a revocation counterclaim is likely, and, until the decision is published, should not infer the grounds of invalidity from secondary reports.
The content in this section is provided for general reference only and does not constitute legal advice or formal service recommendations. For any specific matter, please consider the particular facts of your case and refer to the latest laws, policies, and practices of the relevant authorities.
