Teva Pharmaceutical Industries Ltd v Sandoz AG & Ors [2022] EWHC 1603 (Pat) (20 June 2022)

Teva Pharmaceutical Industries Ltd v Sandoz AG & Ors [2022] EWHC 1603 (Pat) (20 June 2022)

Each generic defendant (Teva and Sandoz) is to pay the costs of its own action, with Teva solely liable for costs up to the commencement of Sandoz's action; Astellas is awarded an interim payment of 60% of its costs, apportioned between Teva and Sandoz as specified; permission to appeal is granted on the interaction of legal principles relating to obviousness and technical contribution.

Citation
[2022] EWHC 1603 (Pat)
Parties
Claimant/part 20 Defendant in HP 2020 000046: Teva Pharmaceutical Industries Limited; Claimant/part 20 Defendant in HP 2021 000005: Sandoz AG; Defendant/part 20 Claimant HP 2020 000046 & HP 2021 000005: Astellas Pharma Inc; Part 20 Defendant in HP 2020 000046 & HP 2021 000005: Teva UK Limited; Part 20 Defendant in HP 2020 000046 & HP 2021 000005: Sandoz Limited
Jurisdiction
England and Wales
Judgment Date
20 June 2022
Procedural Posture
Patent Litigation (costs and Permission to Appeal Hearing) / Post Judgment Consequentials Hearing
Outcome
Costs order made as specified; interim payment of 60% of Astellas's costs awarded; permission to appeal granted.
Legal Topics
Costs, Obviousness, Permission to Appeal, Joint and Several Liability, Issue Based Costs Orders
Intellectual Property Patents Costs Obviousness Permission to Appeal Joint and Several Liability Issue Based Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Teva Pharmaceutical Industries Limited

Claimant/part 20 Defendant in HP 2020 000046

Sandoz AG

Claimant/part 20 Defendant in HP 2021 000005

Astellas Pharma Inc

Defendant/part 20 Claimant HP 2020 000046 & HP 2021 000005

Teva UK Limited

Part 20 Defendant in HP 2020 000046 & HP 2021 000005

Sandoz Limited

Part 20 Defendant in HP 2020 000046 & HP 2021 000005

Procedural Posture

Patent Litigation (costs and Permission to Appeal Hearing) / Post Judgment Consequentials Hearing

Legal Issues

  1. 1 Appropriate allocation of costs between multiple defendants in patent litigation
  2. 2 Whether to order joint and several liability for costs
  3. 3 Appropriate percentage for interim costs award

Ratio Decidendi

Each generic defendant (Teva and Sandoz) is to pay the costs of its own action, with Teva solely liable for costs up to the commencement of Sandoz's action; Astellas is awarded an interim payment of 60% of its costs, apportioned between Teva and Sandoz as specified; permission to appeal is granted on the interaction of legal principles relating to obviousness and technical contribution.

Court Disposition

Costs order made as specified; interim payment of 60% of Astellas's costs awarded; permission to appeal granted.

Orders

  • Each defendant to pay the costs of its own action.
  • Teva solely liable for costs up to commencement of Sandoz's action.