The U.K.'s Supreme Court has ruled against Kirkland & Ellis client Regeneron Pharmaceuticals, concluding a lengthy legal battle over antibody patents in the English courts.

The court ruled on Wednesday by a 4-1 majority that two of Regeneron's patents were invalid in the U.K. on grounds of "insufficiency", stating that the firm was "claiming a monopoly which was far wider than its contribution to the art", a press summary released by the court said.

The court battle centred around patents that covered the development of genetically-modified mice that contain hybrid human-mouse antibody genes, as well as human antibodies made using those mice.

Regeneron's patents described a technique for making antibodies for treating human disease using these mice; Cambridge-based antibody maker Kymab meanwhile had developed its own genetically-modified mice based on a similar genetic modification process to Regeneron's.

Regeneron originally sued Kymab for infringement in 2013 in the High Court, which ruled in favour of Kymab. The Supreme Court's decision sided also with the High Court, overturning a judgement made by the Court of Appeal in 2016.

The court ruled that Regeneron's patent described a method which allowed some of the human material into a mouse's genes, but not the full scope which its patent made claim to. 

Reacting to the judgement, Nicole Jadeja, an IP partner at Pinsent Masons said: "The clear message from the judgment is that applicants take a risk if they file patent applications too early based on aspiration and not technical contribution."

The Kirkland team was led by IP litigation partners Nicola Dagg, Katie Coltart and Jin Ooi. The core team previously advised Regeneron whilst working at Allen & Overy, and continued to advise after moving firms. 

Kirkland instructed David Pannick QC, Adrian Speck QC and Justin Turner QC for the case. 

Kymab were advised by IP specialist Powell Gilbert, with partners Dr Penny Gilbert and Siddharth Kusumakar leading the team. The firm instructed Iain Purvis QC and Michael Tappin QC. 

In a statement, Gilbert commented on the result: "This case was a David and Goliath battle between Kymab, a British biotech pioneer, and Regeneron, one of the world's largest biotech companies, and ultimately the Supreme Court came down on the side of Kymab.

"It's a terrific result for Kymab and we're delighted to have supported them in this hotly contested patent dispute.

Kymab CEO Simon Sturge added: "We are grateful that the Court has recognized the shortcomings of the Regeneron patents and reinforced the established law that requires that an invention is adequately enabled across its scope". 

A statement on Regeneron meanwhile noted that the Supreme Court's decision rendered the two patents invalid and revoked in the UK only, adding that the patents in other European jurisdictions remain in full force and effect. 

It also said that proceedings over one of the patents are ongoing in the European Patent Office Board of Appeal, while the validity of the other was upheld by the same Board of Appeal in 2015.

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