Smithkline Beecham Plc & Ors v Apotex Europe Ltd. & Ors

Smithkline Beecham Plc & Ors v Apotex Europe Ltd. & Ors

The application for preliminary issues is refused. The question of whether the Canadian parties' claims as pleaded raise a triable issue is to be determined first under CPR 3.4 and CPR 24 at the pre-booked hearing. All other directions, including on preliminary issues and case management, are reserved until after that determination.

Parties
Claimants/respondents: SmithKline Beecham PLC & Others; Defendants/applicants: Apotex Europe Limited & Others
Jurisdiction
England and Wales
Judgment Date
26 May 2005
Procedural Posture
Patent Action / Application for Directions in Inquiry on Cross Undertaking
Outcome
Application for preliminary issues refused; determination of strike out/summary judgment application ordered; costs reserved to later hearing.
Legal Topics
Patents, Interlocutory Injunctions, Cross Undertakings in Damages, Joinder of Parties, Strike Out Applications, Preliminary Issues
Intellectual Property Civil Procedure Patents Interlocutory Injunctions Cross Undertakings in Damages Joinder of Parties Strike Out Applications Preliminary Issues

Case Brief

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Parties

SmithKline Beecham PLC & Others

Claimants/respondents

Apotex Europe Limited & Others

Defendants/applicants

Procedural Posture

Patent Action / Application for Directions in Inquiry on Cross Undertaking

Legal Issues

  1. 1 Whether Apotex Inc. and Apotex Pharmachem Inc. (Canadian parties) can recover under the cross-undertaking in damages despite not being express beneficiaries
  2. 2 Whether preliminary issues should be ordered regarding the entitlement of the Canadian parties to claim
  3. 3 Whether the claims by the Canadian parties should be struck out under CPR 3.4 and CPR 24

Ratio Decidendi

The application for preliminary issues is refused. The question of whether the Canadian parties' claims as pleaded raise a triable issue is to be determined first under CPR 3.4 and CPR 24 at the pre-booked hearing. All other directions, including on preliminary issues and case management, are reserved until after that determination.

Court Disposition

Application for preliminary issues refused; determination of strike out/summary judgment application ordered; costs reserved to later hearing.

Orders

  • Refusal of application for preliminary issues.
  • Direction that the viability of the Canadian parties' claims be determined under CPR 3.4 and CPR 24 at the scheduled hearing.