UPC Clarifies Repercussive Effect Of Dependent Claims

November saw the issuance of a number of much-talked about UPC Court of Appeal (COA) decisions, and notable among them was the decision issued in the long-running dispute between Amgen, Sanofi and Regeneron. Whilst much attention has been directed towards the ramifications of the decision in relation to inventive step assessment, the decision addressed a wide range of key topics, including points on interpretation, added subject matter, and sufficiency.

Included amongst the points on claim interpretation was a discussion on what effect, if any, a dependent claim can have on the interpretation of the independent claim. In the present case, the independent claim concerned a monoclonal antibody or an antigen-binding fragment thereof for use in treating or preventing hypercholesterolemia or an atherosclerotic disease related to elevated serum cholesterol levels, or in reducing the risk of a recurrent cardiovascular event related to elevated serum cholesterol levels. At