The European Patent Office’s (“EPO”) Opposition Division issued its written decision maintaining Shire’s European patent covering VYVANSE (marketed as ELVANSE in Europe). The EPO maintained the amended claims of EP 1644019 over oppositions initiated by Johnson Matthey, Generics U.K. (trading as Mylan), and Hexal (an affiliate of Sandoz). The EPO’s decision provides the grounds for upholding the patent’s novelty. As to inventive step, the EPO concluded that there was no motivation in the prior art.
To view a copy of the decision and minutes of the oral proceedings before the Opposition Division, please click here.