Celltech R&D Ltd. v Medimmune Inc [2004] EWCA Civ 1331 (21 October 2004)

Celltech R&D Ltd. v Medimmune Inc [2004] EWCA Civ 1331 (21 October 2004)

The licence agreement conferred jurisdiction on the English courts to determine whether Synagis was covered by the claims of US Adair 2 for the purposes of royalty payments, and there were no strong reasons to stay the proceedings in favour of the US court. The parties' contractual bargain to litigate such disputes in England should be upheld.

Citation
[2004] EWCA Civ 1331
Parties
Claimant/respondent: Celltech R&D Limited; Defendant/appellant: MedImmune Inc
Jurisdiction
England and Wales
Judgment Date
21 October 2004
Procedural Posture
Appeal From High Court (patents Court) / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Patent Licensing, Jurisdiction Clauses, Stay of Proceedings, Royalty Disputes
Intellectual Property Contract Law Patent Licensing Jurisdiction Clauses Stay of Proceedings Royalty Disputes

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Parties

Celltech R&D Limited

Claimant/respondent

MedImmune Inc

Defendant/appellant

Procedural Posture

Appeal From High Court (patents Court) / Appeal Judgment

Legal Issues

  1. 1 Does the licence agreement confer jurisdiction on the English courts to decide whether Synagis is covered by the claims of US Adair 2?
  2. 2 If so, should the court nonetheless in its discretion decline jurisdiction and grant a stay?

Ratio Decidendi

The licence agreement conferred jurisdiction on the English courts to determine whether Synagis was covered by the claims of US Adair 2 for the purposes of royalty payments, and there were no strong reasons to stay the proceedings in favour of the US court. The parties' contractual bargain to litigate such disputes in England should be upheld.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs of appeal summarily assessed at £45,000.