Fujifilm Kyowa Kirin Biologics Company Ltd v Abbvie Biotechnology Ltd & Anor

Fujifilm Kyowa Kirin Biologics Company Ltd v Abbvie Biotechnology Ltd & Anor

FKB has a real prospect of success in its claims for an Arrow declaration and injunction against both AbbVie Bermuda and AbbVie UK. The English court has jurisdiction over AbbVie Bermuda under multiple service out gateways, including tort, necessary or proper party, and injunction. The claim for an Arrow declaration is 'concerned with' the validity of prospective European Patents (UK) and thus falls within Article 24(4) of the Recast Brussels I Regulation, giving the UK courts exclusive jurisdiction. The court exercises its discretion to permit service out, as England is clearly the appropriate forum.

Parties
Claimant: Fujifilm Kyowa Kirin Biologics Company Limited; First Defendant: AbbVie Biotechnology Limited; Second Defendant: AbbVie Limited
Jurisdiction
England and Wales
Judgment Date
08 September 2016
Procedural Posture
Patent/intellectual Property / Interlocutory Application—summary Judgment/strike Out and Jurisdictional Challenge
Outcome
Applications by AbbVie dismissed; permission to amend Particulars of Claim granted; permission to serve out of jurisdiction granted.
Legal Topics
Arrow Declarations, Patent Validity, Summary Judgment, Jurisdiction, Anti Suit Injunctions, Service Out of Jurisdiction
Intellectual Property Civil Procedure Private International Law Arrow Declarations Patent Validity Summary Judgment Jurisdiction Anti Suit Injunctions +1 more

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Parties

Fujifilm Kyowa Kirin Biologics Company Limited

Claimant

AbbVie Biotechnology Limited

First Defendant

AbbVie Limited

Second Defendant

Procedural Posture

Patent/intellectual Property / Interlocutory Application—summary Judgment/strike Out and Jurisdictional Challenge

Legal Issues

  1. 1 Whether the claimant has a real prospect of success in its claim for an Arrow declaration and injunction against the defendants
  2. 2 Whether the English court has jurisdiction over the foreign defendant (AbbVie Bermuda)
  3. 3 Whether the claim falls within the relevant service out gateways under CPR Practice Direction 6B

Ratio Decidendi

FKB has a real prospect of success in its claims for an Arrow declaration and injunction against both AbbVie Bermuda and AbbVie UK. The English court has jurisdiction over AbbVie Bermuda under multiple service out gateways, including tort, necessary or proper party, and injunction. The claim for an Arrow declaration is 'concerned with' the validity of prospective European Patents (UK) and thus falls within Article 24(4) of the Recast Brussels I Regulation, giving the UK courts exclusive jurisdiction. The court exercises its discretion to permit service out, as England is clearly the appropriate forum.

Court Disposition

Applications by AbbVie dismissed; permission to amend Particulars of Claim granted; permission to serve out of jurisdiction granted.

Orders

  • AbbVie's applications to strike out or for summary judgment dismissed.
  • FKB granted permission to amend Particulars of Claim as requested.