Warner-Lambert Company LLC v Sandoz GmbH & Ors

Warner-Lambert Company LLC v Sandoz GmbH & Ors

The balance of risk of injustice favours granting interim injunctions against Sandoz and Lloyds, as refusal would likely cause Warner-Lambert unquantifiable and irreparable harm, and the NHS Guidance is not fully effective in preventing infringement. Preservation of the status quo is necessary pending trial.

Parties
Claimant: Warner-Lambert Company LLC; First Defendant: Sandoz GmbH; Second Defendant: Sandoz Limited; Third Defendant: Lloyds Pharmacy Limited
Jurisdiction
England and Wales
Judgment Date
04 November 2015
Procedural Posture
Patent Infringement Application / Interim Injunction Hearing
Outcome
Interim injunctions granted against Sandoz and Lloyds.
Legal Topics
Patent Infringement, Interim Injunctions, Swiss Form Claims, Regulatory Compliance, Pharmacy Dispensing Practices
Intellectual Property Pharmaceutical Law Patent Infringement Interim Injunctions Swiss Form Claims Regulatory Compliance Pharmacy Dispensing Practices

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Parties

Warner-Lambert Company LLC

Claimant

Sandoz GmbH

First Defendant

Sandoz Limited

Second Defendant

Lloyds Pharmacy Limited

Third Defendant

Procedural Posture

Patent Infringement Application / Interim Injunction Hearing

Legal Issues

  1. 1 Whether Sandoz infringed European Patent (UK) No. 0 934 061 by supplying full label generic pregabalin
  2. 2 Whether Lloyds should be restrained from dispensing Sandoz Full Label Product
  3. 3 Effectiveness of NHS Guidance in preventing patent infringement

Ratio Decidendi

The balance of risk of injustice favours granting interim injunctions against Sandoz and Lloyds, as refusal would likely cause Warner-Lambert unquantifiable and irreparable harm, and the NHS Guidance is not fully effective in preventing infringement. Preservation of the status quo is necessary pending trial.

Court Disposition

Interim injunctions granted against Sandoz and Lloyds.

Orders

  • Sandoz restrained from supplying or offering to supply Sandoz Full Label Product until trial or further order.
  • Lloyds restrained from dispensing Sandoz Full Label Product in its possession until trial or further order.