Celltech R&D Ltd. v Medimmune Inc

Celltech R&D Ltd. v Medimmune Inc

The licence agreement confers jurisdiction on the English courts to determine whether Synagis is covered by the claims of US Adair 2, as this is a dispute about performance of the agreement. There are no strong reasons to grant a stay, and the judge did not err in exercising his discretion to refuse a stay.

Parties
Claimant/respondent: Celltech R&D Limited; Defendant/appellant: MedImmune Inc
Jurisdiction
England and Wales
Judgment Date
21 October 2004
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Refusing Stay and Giving Directions for Streamlined Trial
Outcome
Appeal dismissed
Legal Topics
Patent Licensing, Jurisdiction Clauses, Stay of Proceedings, Royalties, Interpretation of Contracts
Intellectual Property Law Contract Law Patent Licensing Jurisdiction Clauses Stay of Proceedings Royalties Interpretation of Contracts

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Parties

Celltech R&D Limited

Claimant/respondent

MedImmune Inc

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Refusing Stay and Giving Directions for Streamlined Trial

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 confers jurisdiction on the English courts to determine whether Synagis is covered by the claims of US Adair 2, as this is a dispute about performance of the agreement. There are no strong reasons to grant a stay, and the judge did not err in exercising his discretion to refuse a stay.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of appeal summarily assessed at £45,000 payable by appellant