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IP weekly: AstraZeneca dapagliflozin patent invalid; SPC injunction refused; enzalutamide upheld; IPEC costs; Notting Hill dispute; Iceland Foods EU trade mark void; EU GPAI guidance; UK music remuneration principles

Published on: 24 July 2025

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Patents

AstraZeneca loses bid to revive patent for diabetes drug

Law360, London: On 16 July 2025, the Court of Appeal (Civil Division) declined to restore AstraZeneca’s IP protection for its billion‑dollar diabetes product dapagliflozin, paving the way for generic competition to enter the market. In Generics (UK) Ltd v Astrazeneca Ab [2025] EWCA Civ 903, the Court of Appeal affirmed the High Court’s conclusion that European Patent (UK) No 1 506 211 is invalid.

The judges determined the patent did not plausibly show that dapagliflozin inhibits the sodium‑dependent glucose co‑transporter protein SGLT2 with sufficient efficacy to treat diabetes, leading to invalidity for lack of inventive step and insufficiency of disclosure. The court also found the patent to be an arbitrary selection from the prior art, with no demonstrated technical contribution or improvement over WO 128, an earlier patent document describing a class of compounds that includes dapagliflozin.

See: AstraZeneca loses bid to revive patent for diabetes drug. Court of Appeal rejects appeal and grants interim...

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