Fujifilm Kyowa Kirin Biologics Company Ltd v Abbvie Biotechnology Ltd & Anor [2016] EWHC 2204 (Pat) (08 September 2016)

Fujifilm Kyowa Kirin Biologics Company Ltd v Abbvie Biotechnology Ltd & Anor [2016] EWHC 2204 (Pat) (08 September 2016)

FKB has a real prospect of success in its claims for an Arrow declaration and an injunction against both AbbVie Bermuda and AbbVie UK. The court has jurisdiction to hear the claim against AbbVie Bermuda under Article 24(4) of the Recast Brussels I Regulation, as the claim is concerned with the validity of prospective European Patents (UK). The application for summary judgment or strike out by AbbVie is dismissed.

Citation
[2016] EWHC 2204 (Pat)
Parties
Claimant: Fujifilm Kyowa Kirin Biologics Company Limited; First Defendant: AbbVie Biotechnology Limited; Second Defendant: AbbVie Limited
Jurisdiction
England and Wales
Judgment Date
08 September 2016
Procedural Posture
Patent Litigation / Interlocutory Application for Summary Judgment and Jurisdictional Challenge
Outcome
Application for summary judgment or strike out dismissed; permission to serve out granted; claim to proceed to trial.
Legal Topics
Patents, Declaratory Relief, Injunctions, Jurisdiction, Summary Judgment, Anti Suit Injunctions
Intellectual Property Law Civil Procedure Patents Declaratory Relief Injunctions Jurisdiction Summary Judgment Anti Suit Injunctions

Case Brief

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Parties

Fujifilm Kyowa Kirin Biologics Company Limited

Claimant

AbbVie Biotechnology Limited

First Defendant

AbbVie Limited

Second Defendant

Procedural Posture

Patent Litigation / Interlocutory Application for Summary Judgment and Jurisdictional Challenge

Legal Issues

  1. 1 Whether the claimant has a real prospect of success in obtaining an Arrow declaration against the defendants
  2. 2 Whether the claimant has a real prospect of success in obtaining an injunction against the defendants
  3. 3 Whether the English court has jurisdiction to hear the claim against the foreign defendant under the Recast Brussels I Regulation

Ratio Decidendi

FKB has a real prospect of success in its claims for an Arrow declaration and an injunction against both AbbVie Bermuda and AbbVie UK. The court has jurisdiction to hear the claim against AbbVie Bermuda under Article 24(4) of the Recast Brussels I Regulation, as the claim is concerned with the validity of prospective European Patents (UK). The application for summary judgment or strike out by AbbVie is dismissed.

Court Disposition

Application for summary judgment or strike out dismissed; permission to serve out granted; claim to proceed to trial.

Orders

  • FKB's claims for an Arrow declaration and injunction to proceed to trial.
  • Permission to serve the claim on AbbVie Bermuda outside the jurisdiction is upheld.