Napp Pharmaceutical Holdings Ltd v Dr Reddy's Laboratories (UK) Ltd & Ors

Napp Pharmaceutical Holdings Ltd v Dr Reddy's Laboratories (UK) Ltd & Ors

Sandoz must provide further information regarding the relationship and losses of group companies, profit margins, pricing, and the terminal value calculation before Napp is required to plead. Confidentiality is not a bar due to agreed arrangements. Cost budgeting is not ordered at this stage but may be revisited after pleadings close.

Parties
Claimant / Respondent: Napp Pharmaceutical Holdings Limited; First Defendant: Dr Reddy's Laboratories (UK) Limited; Second Defendant / Applicant: Sandoz Limited; Additional Applicant: Hexal AG; Additional Applicant: Salutas Pharma GmbH; Additional Applicant: Sandoz AG
Jurisdiction
England and Wales
Judgment Date
08 June 2017
Procedural Posture
Patent Damages Inquiry (cross Undertaking) / Application for Further Information Prior to Responsive Pleading
Outcome
Application for further information granted in part; cost budgeting not ordered at this stage.
Legal Topics
Patent Infringement, Damages Inquiry, Cross Undertaking, Disclosure of Information, Cost Budgeting
Intellectual Property Civil Procedure Patent Infringement Damages Inquiry Cross Undertaking Disclosure of Information Cost Budgeting

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Napp Pharmaceutical Holdings Limited

Claimant / Respondent

Dr Reddy's Laboratories (UK) Limited

First Defendant

Sandoz Limited

Second Defendant / Applicant

Hexal AG

Additional Applicant

Salutas Pharma GmbH

Additional Applicant

Sandoz AG

Additional Applicant

Procedural Posture

Patent Damages Inquiry (cross Undertaking) / Application for Further Information Prior to Responsive Pleading

Legal Issues

  1. 1 Whether Sandoz must provide further information regarding profit margins, pricing, and group company losses before Napp is required to plead to the Points of Claim
  2. 2 Whether cost budgeting should be ordered in a high-value damages inquiry

Ratio Decidendi

Sandoz must provide further information regarding the relationship and losses of group companies, profit margins, pricing, and the terminal value calculation before Napp is required to plead. Confidentiality is not a bar due to agreed arrangements. Cost budgeting is not ordered at this stage but may be revisited after pleadings close.

Court Disposition

Application for further information granted in part; cost budgeting not ordered at this stage.

Orders

  • Sandoz to provide further information regarding group company relationships and losses, profit margins, pricing, and terminal value calculation as specified in the judgment before Napp is required to plead.
  • Cost budgeting not ordered; parties to exchange statements of incurred and estimated costs after pleadings close.