Actavis Group hf v Eli Lilly & Company

Actavis Group hf v Eli Lilly & Company

Lilly's solicitors objectively consented to accept service for Actavis Group and its relevant subsidiaries regarding all designations, and service was validly effected under CPR 6.9 due to Lilly's business activities in the UK. CPR 63.14 does not permit service for foreign patent designations. The appeal is dismissed and Actavis Group's claims may be determined in the English jurisdiction.

Parties
Appellant/defendant: Actavis Group hf; Appellant/defendant: Medis ehf; Respondent/claimant: Eli Lilly & Company
Jurisdiction
England and Wales
Judgment Date
21 May 2013
Procedural Posture
Civil Appeal / Court of Appeal Decision
Outcome
Appeal dismissed
Legal Topics
Patent Infringement, Jurisdiction, Service of Process, Forum Non Conveniens
Intellectual Property Civil Procedure Patent Infringement Jurisdiction Service of Process Forum Non Conveniens

Case Brief

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Parties

Actavis Group hf

Appellant/defendant

Medis ehf

Appellant/defendant

Eli Lilly & Company

Respondent/claimant

Procedural Posture

Civil Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether Lilly's solicitors agreed to accept service of proceedings for all relevant parties and designations
  2. 2 Whether service was validly effected under CPR 6.9
  3. 3 Whether service was validly effected under CPR 63.14

Ratio Decidendi

Lilly's solicitors objectively consented to accept service for Actavis Group and its relevant subsidiaries regarding all designations, and service was validly effected under CPR 6.9 due to Lilly's business activities in the UK. CPR 63.14 does not permit service for foreign patent designations. The appeal is dismissed and Actavis Group's claims may be determined in the English jurisdiction.

Court Disposition

Appeal dismissed

Orders

  • Actavis Group's claims to be determined in the English jurisdiction
  • Second action becomes redundant