So When Is A Patent Claim Too Broad?

In Regeneron Pharmaceuticals Inc v Genentech Inc [2013] EWCA Civ 93 the Court of Appeal dismissed the claimants' appeal, rejecting all their arguments in respect of construction, infringement, novelty, inventiveness, and sufficiency. The court preferred the first instance finding that the patent was valid and infringed. The case therefore confirms that a broad claim encompassing a large number of unexemplified embodiments can be valid and enforceable.

Background

Genentech's patent (EP 1238986) described therapeutic agents for the treatment of a range of diseases by preventing excessive blood vessel growth (angiogenesis or neovascularisation). In particular, it was concerned with Vascular Endothelial Growth Factor antagonist antibodies (anti-VEGF) and the patent claims were limited to treatment of non-neoplastic diseases.