AKEBIA THERAPEUTICS INC v FIBROGEN, INC

Abstract

  H1 Patents — European Patents — Infringement — Validity — Pharmaceuticals — Treatment of anaemia — Revocation — Construction — Novelty — Obviousness — Obvious to try — Reasonable expectation of success — Sufficiency — Claims with both structural and functional features — Excessive claim breadth — Whether the skilled person had to be able to identify substantially all compounds covered by the claim without undue burden — Uncertainty — Identification of technical contribution — Plausibility — Reasonable prediction — Agrevo obviousness — Process limited product claims — Appeal to Court of Appeal