Data protection and life sciences

Personal data is at the very core of every life science business. Life sciences companies handle significant amounts of personal data and are reliant upon the collection and use of personal data, which often includes sensitive health-related data, in order to carry out key business functions. For example, conducting clinical trials on patients, collecting data on drug safety and adverse reactions in order to comply with pharmacovigilance requirements, and collecting genetic information for the development of personalised medicines all rely on the collection and processing of data relating to individual data subjects. Consequently, it is vitally important that life sciences companies understand, and are in compliance with, the strict rules that apply to the processing of personal data.

This Overview provides an introduction to the application of the data protection regimes to key areas of the life sciences under the EU General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) and the United Kingdom General Data Protection Regulation, Assimilated Regulation (EU) 2016/679 (UK GDPR) (together the ‘GDPR regimes’).

Assimilated law is the name given to retained EU law (‘REUL’) which remains in force after

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Latest Life Sciences News

Life Sciences weekly highlights—14 August 2025

This week's edition of Life Sciences weekly highlights includes an analysis by Freshfields LLP on the UK Law Commission’s review of the product liability regime, with a focus on AI technologies and recent EU developments, an analysis by Pinsent Masons of the High Court’s ruling in Samsung Bioepis v Alexion, which invalidated Alexion’s eculizumab patent and found no infringement, underscoring the importance of precise drafting in biologic patents and a Law360 story on the Court of Appeal’s ruling in a long-running patent infringement dispute between coronavirus (COVID-19) vaccine developers, upholding Moderna’s mRNA patent against Pfizer/BioNTech. Also included is news that the MHRA has been designated as a WHO-Listed Authority, launched a consultation seeking UK stakeholder feedback on the revised ICH M4Q(R2) and announced that UK licence holders must now independently monitor US FDA Warning Letters, the EMA updated its guidance on paediatric submissions, as well as news that the European Commission published a study on legal and regulatory challenges to AI deployment in healthcare across the EU, the MHRA launched a stakeholder survey on the health institution exemption for medical devices and updated guidance on adverse event reporting requirements for digital mental health technologies, following the implementation of the Medical Devices (Post-market Surveillance Requirements) (Amendment) (Great Britain) Regulations 2024, and the DHSC dispute resolution panel ruled that Haleon must remain in the voluntary branded medicines pricing scheme (VPAG) for 2024, despite its claim of administrative error in joining, among other stories.

When sequence precision backfires—Invalidity and non-infringement of Eculizumab Patent with 22-Amino Acid Leader (Samsung v Alexion)

IP analysis: The High Court held that Alexion’s patent for eculizumab, which claimed a light chain sequence including a 22-amino acid leader, was invalid and not infringed by biosimilars from Samsung Bioepis and Amgen. Although the biosimilars matched the therapeutic sequence of eculizumab, they lacked the leader sequence specified in the patent. Central to the dispute was whether the claimed sequence covered the clinically used eculizumab, which lacks the leader sequence. The court rejected Alexion’s purposive construction, and the claimants conceded the patent should be revoked on that basis. Even if infringement had been found, the patent would have failed for obviousness. The case underscores the importance of precise sequence drafting in biologic patents, especially where production processes remove non-functional regions. It shows the risks of relying on broad claim constructions that diverge from the literal sequence disclosed and used in practice. The multi-jurisdictional nature of these proceedings (including before the UPC) served to highlight deficiencies in Alexion’s case, where inconsistent arguments across different fora impacted on credibility. While decisions of other courts, including the UPC, should be brought before the UK court, they will not be material to the judge’s decision making. Written by Jennifer McDowall, associate at Pinsent Masons.

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