The Secretary of State for Health & Anor v Servier Laboratories Ltd [2016] EWHC 366 (Ch) (26 February 2016)

The Secretary of State for Health & Anor v Servier Laboratories Ltd [2016] EWHC 366 (Ch) (26 February 2016)

Standard disclosure by Servier is ordered in respect of liability for tortious interference, patent abuse, and issues of causation and quantum, as these matters fall outside the scope of the Commission's Decision and Apotex proceedings and are central to the claims. Enhanced or specific disclosure is refused as premature until standard disclosure is completed and reviewed. Servier is required to disclose further documents from the Commission's file, including third party documents, into the confidentiality ring. Servier must provide further information by witness statement regarding its corporate structure and technical matters if not already supplied. Amendments to Scottish/NI and Welsh...

Citation
[2016] EWHC 366 (Ch)
Parties
Claimants: The Secretary of State for Health and Another; Claimants: Scottish & Northern Ireland Claimants; Claimants: Welsh Claimants; Defendants: Servier Laboratories Limited
Jurisdiction
England and Wales
Judgment Date
26 February 2016
Procedural Posture
Competition Law Damages Claim (case Management Conference) / Case Management Conference (cmc) With Interlocutory Applications for Disclosure and Amendments
Outcome
Applications for standard disclosure by Servier granted; applications for enhanced and specific disclosure refused as premature; further information by witness statement ordered if not already provided; disclosure of third party documents from Commission's file ordered; amendments to Scottish/NI and Welsh claimants'...
Legal Topics
Disclosure, Standard Disclosure, Enhanced Disclosure, Case Management, Article 101 TFEU, Article 102 TFEU, Patent Abuse, Tortious Interference, Mitigation of Loss
Competition Law Civil Procedure Disclosure Standard Disclosure Enhanced Disclosure Case Management Article 101 TFEU Article 102 TFEU +3 more

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Parties

The Secretary of State for Health and Another

Claimants

Scottish & Northern Ireland Claimants

Claimants

Welsh Claimants

Claimants

Servier Laboratories Limited

Defendants

Procedural Posture

Competition Law Damages Claim (case Management Conference) / Case Management Conference (cmc) With Interlocutory Applications for Disclosure and Amendments

Legal Issues

  1. 1 Whether Servier should be ordered to give standard disclosure beyond the Commission's file and Apotex documents
  2. 2 Whether enhanced (train of enquiry) disclosure should be ordered regarding Servier's patent application and regulatory submissions
  3. 3 Whether Servier should give specific disclosure of certain document categories

Ratio Decidendi

Standard disclosure by Servier is ordered in respect of liability for tortious interference, patent abuse, and issues of causation and quantum, as these matters fall outside the scope of the Commission's Decision and Apotex proceedings and are central to the claims. Enhanced or specific disclosure is refused as premature until standard disclosure is completed and reviewed. Servier is required to disclose further documents from the Commission's file, including third party documents, into the confidentiality ring. Servier must provide further information by witness statement regarding its corporate structure and technical matters if not already supplied. Amendments to Scottish/NI and Welsh...

Court Disposition

Applications for standard disclosure by Servier granted; applications for enhanced and specific disclosure refused as premature; further information by witness statement ordered if not already provided; disclosure of third party documents from Commission's file ordered; amendments to Scottish/NI and Welsh claimants'...

Orders

  • Servier to give standard disclosure by list in respect of liability for tortious interference, patent abuse, and issues of causation and quantum.
  • Servier to disclose further documents from the Commission's file, including third party documents, into the confidentiality ring.