NAPP Pharmaceutical Holdings Ltd v Dr Reddy's Laboratories (UK) Ltd & Anor

NAPP Pharmaceutical Holdings Ltd v Dr Reddy's Laboratories (UK) Ltd & Anor

No sufficient case was made for forcing Napp to argue the question of principle regarding a preliminary issue at this stage; the question of principle cannot be divorced from directions and the interim injunction application. All applications should be considered together to minimize the risk of injustice.

Parties
Claimant: Napp Pharmaceutical Holdings Limited; First Defendant: Dr Reddy’s Laboratories (UK) Limited; Second Defendant: Sandoz Limited
Jurisdiction
England and Wales
Judgment Date
07 March 2016
Procedural Posture
Patent Infringement Proceedings / Application for Retrospective Permission to Give Short Notice of Applications for a Preliminary Issue
Outcome
Application for retrospective permission to give short notice refused; all applications to be considered together at a later hearing.
Legal Topics
Patent Infringement, Preliminary Issues, Case Management, Interim Injunctions
Intellectual Property Civil Procedure Patent Infringement Preliminary Issues Case Management Interim Injunctions

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Parties

Napp Pharmaceutical Holdings Limited

Claimant

Dr Reddy’s Laboratories (UK) Limited

First Defendant

Sandoz Limited

Second Defendant

Procedural Posture

Patent Infringement Proceedings / Application for Retrospective Permission to Give Short Notice of Applications for a Preliminary Issue

Legal Issues

  1. 1 Whether to grant retrospective permission for short notice of applications for a preliminary issue
  2. 2 Whether to direct the trial of a preliminary issue on infringement
  3. 3 Whether the question of a preliminary issue can be separated from directions and interim injunction applications

Ratio Decidendi

No sufficient case was made for forcing Napp to argue the question of principle regarding a preliminary issue at this stage; the question of principle cannot be divorced from directions and the interim injunction application. All applications should be considered together to minimize the risk of injustice.

Court Disposition

Application for retrospective permission to give short notice refused; all applications to be considered together at a later hearing.