Alk-Abello Ltd v Meridian Medical Technologies Dey Pharma Lp [2010] EWPCC 14 (09 November 2010)

Alk-Abello Ltd v Meridian Medical Technologies Dey Pharma Lp [2010] EWPCC 14 (09 November 2010)

The case should be transferred to the High Court because both parties are substantial undertakings able to afford High Court litigation, the value of the claim is measured by a substantial part of a $24 million annual market, and the Patents County Court was established to assist small and medium sized enterprises, not large corporations. Although the case is suitable for the Patents County Court in terms of complexity and procedure, the decisive factor is the value and financial position of the parties, which point to the High Court as the appropriate forum.

Citation
[2010] EWPCC 14
Parties
Claimant: ALK-ABELLO LIMITED; First Defendant: MERIDIAN MEDICAL TECHNOLOGIES; Second Defendant: DEY PHARMA LP
Jurisdiction
England and Wales
Judgment Date
09 November 2010
Procedural Posture
Patent Infringement and Validity; Application for Transfer of Proceedings / Interlocutory Application for Transfer to High Court and Joinder/substitution of Parties
Outcome
Case transferred to the High Court; Dey joined as second defendant; Meridian's application for substitution and costs refused; Meridian's exposure to future costs capped if it takes no further part.
Legal Topics
Transfer of Proceedings, Patent Infringement, Patent Validity, Joinder and Substitution of Parties, Costs Orders
Intellectual Property Law Patent Law Civil Procedure Transfer of Proceedings Patent Infringement Patent Validity Joinder and Substitution of Parties Costs Orders

Case Brief

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Parties

ALK-ABELLO LIMITED

Claimant

MERIDIAN MEDICAL TECHNOLOGIES

First Defendant

DEY PHARMA LP

Second Defendant

Procedural Posture

Patent Infringement and Validity; Application for Transfer of Proceedings / Interlocutory Application for Transfer to High Court and Joinder/substitution of Parties

Legal Issues

  1. 1 Whether the case should be transferred from the Patents County Court to the High Court
  2. 2 Whether the first defendant (Meridian) should be substituted or removed as a party and costs awarded
  3. 3 Assessment of the value and complexity of the claim for transfer purposes

Ratio Decidendi

The case should be transferred to the High Court because both parties are substantial undertakings able to afford High Court litigation, the value of the claim is measured by a substantial part of a $24 million annual market, and the Patents County Court was established to assist small and medium sized enterprises, not large corporations. Although the case is suitable for the Patents County Court in terms of complexity and procedure, the decisive factor is the value and financial position of the parties, which point to the High Court as the appropriate forum.

Court Disposition

Case transferred to the High Court; Dey joined as second defendant; Meridian's application for substitution and costs refused; Meridian's exposure to future costs capped if it takes no further part.

Orders

  • Proceedings transferred to the High Court, Patents Court.
  • Dey Pharma LP joined as second defendant.