Leo Pharma A/S & Anor v Sandoz Ltd [2010] EWHC 1911 (Pat) (27 July 2010)

Leo Pharma A/S & Anor v Sandoz Ltd [2010] EWHC 1911 (Pat) (27 July 2010)

The inclusion of paragraph 9 in the order was not an accidental slip or omission but a deliberate agreement between the parties, reflected in the signed and sealed order. The slip rule does not apply to correct such agreements, and there was no inconsistency with the court's intention.

Citation
[2010] EWHC 1911 (Pat)
Parties
Claimant/respondent: LEO PHARMA A/S; Claimant/respondent: LEO LABORATORIES LIMITED; Defendant/applicant: SANDOZ LIMITED
Jurisdiction
England and Wales
Judgment Date
27 July 2010
Procedural Posture
Patent Infringement / Application to Correct Order Under CPR R. 40.12 (slip Rule) After Trial and Appeal
Outcome
Application dismissed
Legal Topics
Patent Infringement, Correction of Court Orders, Slip Rule (cpr R. 40.12), Interest on Damages or Account of Profits
Intellectual Property Civil Procedure Patent Infringement Correction of Court Orders Slip Rule (cpr R. 40.12) Interest on Damages or Account of Profits

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Parties

LEO PHARMA A/S

Claimant/respondent

LEO LABORATORIES LIMITED

Claimant/respondent

SANDOZ LIMITED

Defendant/applicant

Procedural Posture

Patent Infringement / Application to Correct Order Under CPR R. 40.12 (slip Rule) After Trial and Appeal

Legal Issues

  1. 1 Whether the inclusion of paragraph 9 in the order (regarding interest at judgment rate) was an accidental slip or omission correctable under CPR r. 40.12
  2. 2 Whether an agreement between parties on the form of order can be corrected under the slip rule

Ratio Decidendi

The inclusion of paragraph 9 in the order was not an accidental slip or omission but a deliberate agreement between the parties, reflected in the signed and sealed order. The slip rule does not apply to correct such agreements, and there was no inconsistency with the court's intention.

Court Disposition

Application dismissed

Orders

  • Application to correct the order under CPR r. 40.12 is dismissed.