Teva UK Ltd & Anor v Novartis AG [2022] EWCA Civ 1617 (08 December 2022)

Teva UK Ltd & Anor v Novartis AG [2022] EWCA Civ 1617 (08 December 2022)

It is wrong in principle for an English court to grant a declaration solely for the purpose of influencing a foreign court's decision on an issue governed by foreign law. Since there was no ongoing uncertainty in the UK market and the only purpose of the declaration sought by Teva was to influence foreign proceedings, the court refused to grant the declaration.

Citation
[2022] EWCA Civ 1617
Parties
Appellant/claimant/defendant: TEVA UK LIMITED; Appellant/claimant: TEVA PHARMACEUTICAL INDUSTRIES LIMITED; Respondent/defendant/claimant: NOVARTIS AG; Respondent/claimant: NOVARTIS PHARMACEUTICALS UK LIMITED
Jurisdiction
England and Wales
Judgment Date
08 December 2022
Procedural Posture
Appeal (civil) / Appeal From High Court (patents Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Declaratory Relief, Arrow Declarations, Jurisdiction, Patent Law, Forum Shopping
Intellectual Property Patents Civil Procedure Declaratory Relief Arrow Declarations Jurisdiction Patent Law Forum Shopping

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Parties

TEVA UK LIMITED

Appellant/claimant/defendant

TEVA PHARMACEUTICAL INDUSTRIES LIMITED

Appellant/claimant

NOVARTIS AG

Respondent/defendant/claimant

NOVARTIS PHARMACEUTICALS UK LIMITED

Respondent/claimant

Procedural Posture

Appeal (civil) / Appeal From High Court (patents Court) to Court of Appeal

Legal Issues

  1. 1 Whether the English court should grant a declaration solely to influence a foreign court's decision on an issue governed by foreign law
  2. 2 Whether an Arrow declaration should be granted where there is no ongoing UK patent right at issue

Ratio Decidendi

It is wrong in principle for an English court to grant a declaration solely for the purpose of influencing a foreign court's decision on an issue governed by foreign law. Since there was no ongoing uncertainty in the UK market and the only purpose of the declaration sought by Teva was to influence foreign proceedings, the court refused to grant the declaration.

Court Disposition

Appeal dismissed

Orders

  • No Arrow declaration granted
  • Teva's claim for declaratory relief refused