AKEBIA THERAPEUTICS INC v FIBROGEN, INC

Abstract

H1 Patents – European patents – Pharmaceuticals – Treatment of anaemia – Revocation – Infringement – Construction – Obviousness – Obvious to try – Reasonable expectation of success – Hindsight – Expert evidence – Sequential unmasking – Insufficiency – Excessive claim breadth – Uncertainty – Identification of technical contribution – Principles of general application – Plausibility – Undue burden – AgrEvo obviousness – Equivalence – File prosecution history – Process limited product claims – Indirect infringement – Means relating to an essential element of the invention – Whether suitable for putting and intended to put invention into effect – “Off-label” use – State of mind of defendants – Intentions of prescribing clinicians – Quia timet claims – Whether stay of infringement claim appropriate