Sandoz AG & Ors v Bayer Intellectual Property GmbH & Ors [2025] EWHC 2533 (Pat) (07 October 2025)

Sandoz AG & Ors v Bayer Intellectual Property GmbH & Ors [2025] EWHC 2533 (Pat) (07 October 2025)

Sandoz's proposed amendment to plead Bayer's alleged wrongdoing as a basis for a more liberal or generous assessment of damages does not have a real prospect of success because the liberal assessment principle already applies due to the grant of interim injunctions on an invalid patent, and the alleged wrongdoing does not create additional evidential difficulties or justify further presumptions in Sandoz's favour.

Citation
[2025] EWHC 2533 (Pat)
Parties
Inquiry Claimant: Sandoz AG; Inquiry Claimant: Sandoz Limited; Inquiry Claimant: Hexal AG; Inquiry Claimant: Salutas Pharma GmbH; Inquiry Defendant: Bayer Intellectual Property GmbH; Inquiry Defendant: Bayer AG; Inquiry Defendant: Bayer PLC
Jurisdiction
England and Wales
Judgment Date
07 October 2025
Procedural Posture
Patents Damages Inquiry / Application for Permission to Amend Points of Claim and Strike Out/summary Judgment on Points of Reply
Outcome
Sandoz's application for permission to amend Points of Claim refused; Bayer's application to strike out/for summary judgment on Points of Reply granted.
Legal Topics
Assessment of Damages, Liberal Assessment Principle, Interim Injunctions, Pleading Amendments, Evidential Presumptions
Intellectual Property Patents Civil Procedure Assessment of Damages Liberal Assessment Principle Interim Injunctions Pleading Amendments Evidential Presumptions

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Parties

Sandoz AG

Inquiry Claimant

Sandoz Limited

Inquiry Claimant

Hexal AG

Inquiry Claimant

Salutas Pharma GmbH

Inquiry Claimant

Bayer Intellectual Property GmbH

Inquiry Defendant

Bayer AG

Inquiry Defendant

Bayer PLC

Inquiry Defendant

Procedural Posture

Patents Damages Inquiry / Application for Permission to Amend Points of Claim and Strike Out/summary Judgment on Points of Reply

Legal Issues

  1. 1 Whether Sandoz may amend its Points of Claim to plead Bayer's alleged wrongdoing as relevant to a more liberal assessment of damages
  2. 2 Whether such allegations justify presumptions or assumptions in Sandoz's favour in the damages inquiry
  3. 3 Whether the proposed amendments have a real prospect of success

Ratio Decidendi

Sandoz's proposed amendment to plead Bayer's alleged wrongdoing as a basis for a more liberal or generous assessment of damages does not have a real prospect of success because the liberal assessment principle already applies due to the grant of interim injunctions on an invalid patent, and the alleged wrongdoing does not create additional evidential difficulties or justify further presumptions in Sandoz's favour.

Court Disposition

Sandoz's application for permission to amend Points of Claim refused; Bayer's application to strike out/for summary judgment on Points of Reply granted.

Orders

  • Permission to amend Points of Claim to introduce paragraph 32A refused.
  • Paragraph 32 of Sandoz's Points of Reply struck out or summary judgment granted in Bayer's favour.