The Regents of the University of California and Astellas v Eurolab and Dis-Chem: enzalutamide (Xtandi) patent

Summary

On 17 March 2026 the Supreme Court of Appeal upheld the appeal by the University of California, as patentee, and Astellas Pharma entities, as licensees, in the dispute over South African patent 2007/10870 for enzalutamide. The court found UC entitled to apply for the patent and rejected the invalidity challenges, including on inventive step, set aside the Commissioner’s decision and dismissed the applications by Eurolab and Dis-Chem. It declined interim relief in light of patient access to the generic Enzutrix, leaving the patentee to financial remedies. The patent was due to expire on 29 March 2026.

Why it matters

A South African appellate ruling that upholds a pharmaceutical patent on inventive step while refusing interim relief on patient-access grounds: the patentee wins on validity but is limited to damages.

Scope of legal work

Adams & Adams' work on the Astellas (Xtandi) proceedings was cited in its Managing IP EMEA Awards 2026 recognition (Europe Cross-Border Patent Litigation Team of the Year). The SCA media summary does not name counsel, so the firm's precise role is recorded as reported.

Advisers

• Adams & Adams All transactions on record

Other parties

The Regents of the University of California (patentee, appellant)
Astellas Pharma entities (licensees, appellants)
Eurolab (Pty) Ltd (generic manufacturer, respondent)
Dis-Chem (distributor, respondent)