Resolution Chemicals Ltd v H Lundbeck A/S [2013] EWCA Civ 924 (29 July 2013)

Resolution Chemicals Ltd v H Lundbeck A/S [2013] EWCA Civ 924 (29 July 2013)

Resolution Chemicals Limited was not in privity of interest with Arrow Generics Limited at the time of the previous proceedings, had no concrete or sufficient interest in escitalopram or the patent at the relevant time, and it would be unjust to bind Resolution by the outcome of the earlier litigation. Therefore, Resolution is not precluded from bringing its own revocation action.

Citation
[2013] EWCA Civ 924
Parties
Respondent/claimant: Resolution Chemicals Limited; Appellant/defendant: H. Lundbeck A/S
Jurisdiction
England and Wales
Judgment Date
29 July 2013
Procedural Posture
Appeal / Court of Appeal Judgment on Preliminary Issue From High Court (patents Court)
Outcome
Appeal dismissed
Legal Topics
Patent Revocation, Issue Estoppel, Privity of Interest, Abuse of Process, Supplementary Protection Certificate (spc)
Intellectual Property Law Civil Procedure Patent Revocation Issue Estoppel Privity of Interest Abuse of Process Supplementary Protection Certificate (spc)

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Parties

Resolution Chemicals Limited

Respondent/claimant

H. Lundbeck A/S

Appellant/defendant

Procedural Posture

Appeal / Court of Appeal Judgment on Preliminary Issue From High Court (patents Court)

Legal Issues

  1. 1 Whether Resolution Chemicals Limited is precluded by privity of interest or estoppel from challenging the validity of the patent/SPC previously litigated by Arrow Generics Limited.

Ratio Decidendi

Resolution Chemicals Limited was not in privity of interest with Arrow Generics Limited at the time of the previous proceedings, had no concrete or sufficient interest in escitalopram or the patent at the relevant time, and it would be unjust to bind Resolution by the outcome of the earlier litigation. Therefore, Resolution is not precluded from bringing its own revocation action.

Court Disposition

Appeal dismissed

Orders

  • Resolution Chemicals Limited is not precluded from challenging the validity of the patent or SPC.