Court Of Appeal Approves Reach-Through Claim
| Published date | 15 September 2021 |
| Subject Matter | Litigation, Mediation & Arbitration, Trials & Appeals & Compensation |
| Law Firm | J A Kemp LLP |
| Author | Mr Guy Brain |
A recent decision of the UK Court of Appeal (FibroGen v Akebia [2021] EWCA Civ 1279) has provided clarification on the assessment of sufficiency for claims directed to a medical use of a functionally-defined compound. In doing so, the Court found a "reach-through" claim to be sufficient, even though it may cover the use of compounds that have not yet been invented.
The key claims related to use of a compound for treating anaemia. The compound was defined partly in structural terms (a very broadly defined class of carboxamides) and partly in functional terms (requiring that the compound "inhibits [HIF-PH] enzyme activity [... and increases] endogenous erythropoietin"). The functional terms therefore identified the so-called therapeutic target considered to embody the mechanism of...
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