Mayne Pharma PTY Ltd & Anor v Pharmacia Italia SPA

Mayne Pharma PTY Ltd & Anor v Pharmacia Italia SPA

The order for delivery up was refused as the material was outside the jurisdiction and the order was not necessary to protect the patentee's rights. Costs were reduced by 30% due to the respondents' conduct regarding the 'term of art' issue, with an interim payment of £200,000 ordered. Permission to appeal was refused.

Parties
Claimant/respondent: Mayne Pharma Pty Limited; Claimant/respondent: Mayne Pharma PLC; Defendant/appellant: Pharmacia Italia SPA
Jurisdiction
England and Wales
Judgment Date
10 March 2005
Procedural Posture
Civil Appeal (patents) / Judgment on Costs Following Appeal
Outcome
Appeal on costs allowed in part; injunction granted; order for delivery up refused; costs reduced; interim payment ordered; permission to appeal refused.
Legal Topics
Patent Infringement, Costs, Injunctions, Delivery Up, Interim Payments
Intellectual Property Civil Procedure Patent Infringement Costs Injunctions Delivery Up Interim Payments

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Parties

Mayne Pharma Pty Limited

Claimant/respondent

Mayne Pharma PLC

Claimant/respondent

Pharmacia Italia SPA

Defendant/appellant

Procedural Posture

Civil Appeal (patents) / Judgment on Costs Following Appeal

Legal Issues

  1. 1 Whether an order for delivery up should be granted for material removed from the jurisdiction after judgment but before order
  2. 2 Whether the respondents are entitled to a post-expiry injunction
  3. 3 Determination of costs and interim payment

Ratio Decidendi

The order for delivery up was refused as the material was outside the jurisdiction and the order was not necessary to protect the patentee's rights. Costs were reduced by 30% due to the respondents' conduct regarding the 'term of art' issue, with an interim payment of £200,000 ordered. Permission to appeal was refused.

Court Disposition

Appeal on costs allowed in part; injunction granted; order for delivery up refused; costs reduced; interim payment ordered; permission to appeal refused.

Orders

  • Injunction granted
  • No order for delivery up