Warner-Lambert Company LLC v Teva UK Ltd & Ors [2011] EWHC 2018 (Ch) (22 July 2011)

Warner-Lambert Company LLC v Teva UK Ltd & Ors [2011] EWHC 2018 (Ch) (22 July 2011)

An expedited trial in November 2011 is justified if disclosure is waived, as the existence of the interim injunction and potential uncompensatable harm to the defendants create sufficient urgency, and the issues are not unduly complex. Waiver of disclosure removes the main prejudice to Warner-Lambert, and the timetable allows adequate preparation for expert evidence.

Citation
[2011] EWHC 2018 (Ch)
Parties
Claimant/part 20 Defendant: Warner-Lambert Company LLC; Defendant/part 20 Claimant: Teva UK Limited; Defendant/part 20 Claimant: Phoenix Healthcare Distribution Limited; Defendant/part 20 Claimant: AAH Pharmaceuticals Limited; Defendant/part 20 Claimant: L Rowland & Co. (Retail) Ltd (t/a Rowlands Pharmacy); Defendant/part 20 Claimant: Barclay Pharmaceuticals Limited (t/a Trident); Intended Defendant: ASDA Store Limited; Intended Defendant: Day Lewis PLC
Jurisdiction
England and Wales
Judgment Date
22 July 2011
Procedural Posture
Patent Action (application for Expedited Trial) / Interlocutory Application for Expedited Trial and Directions
Outcome
Application for expedited trial granted, conditional on waiver of disclosure.
Legal Topics
Patent Law, Expedited Trial, Interim Injunction, Disclosure, SPC Validity
Intellectual Property Civil Procedure Patent Law Expedited Trial Interim Injunction Disclosure SPC Validity

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Parties

Warner-Lambert Company LLC

Claimant/part 20 Defendant

Teva UK Limited

Defendant/part 20 Claimant

Phoenix Healthcare Distribution Limited

Defendant/part 20 Claimant

AAH Pharmaceuticals Limited

Defendant/part 20 Claimant

L Rowland & Co. (Retail) Ltd (t/a Rowlands Pharmacy)

Defendant/part 20 Claimant

Barclay Pharmaceuticals Limited (t/a Trident)

Defendant/part 20 Claimant

ASDA Store Limited

Intended Defendant

Day Lewis PLC

Intended Defendant

Procedural Posture

Patent Action (application for Expedited Trial) / Interlocutory Application for Expedited Trial and Directions

Legal Issues

  1. 1 Whether an expedited trial should be ordered in a patent action involving SPC for atorvastatin
  2. 2 Whether disclosure should be waived to facilitate expedition
  3. 3 Whether the interests of justice and other court users justify expedition

Ratio Decidendi

An expedited trial in November 2011 is justified if disclosure is waived, as the existence of the interim injunction and potential uncompensatable harm to the defendants create sufficient urgency, and the issues are not unduly complex. Waiver of disclosure removes the main prejudice to Warner-Lambert, and the timetable allows adequate preparation for expert evidence.

Court Disposition

Application for expedited trial granted, conditional on waiver of disclosure.

Orders

  • Expedited trial to be held in the second half of November 2011.
  • Disclosure and inspection are waived.