Baxter Healthcare Corp & Anor v Abbott Laboratories & Anor

Baxter Healthcare Corp & Anor v Abbott Laboratories & Anor

Abbott must pay the costs thrown away by the adjournment because the late identification of possible amine impurities was due to their own failure to review disclosed documents in a timely manner, not any omission by Baxter.

Parties
Claimant: Baxter Healthcare Corporation; Claimant: Baxter Healthcare Limited; Defendant: Abbott Laboratories; Defendant: Central Glass Company Limited
Jurisdiction
England and Wales
Judgment Date
02 May 2006
Procedural Posture
Intellectual Property Patent / Interlocutory Application (costs and Pleadings)
Outcome
Application for costs granted against Abbott; scope of pleading on fluorinated amines limited to Route 2 unless further particulars are provided.
Legal Topics
Patent Infringement, Non Infringement Declaration, Disclosure Obligations, Costs of Adjournment
Intellectual Property Civil Procedure Patent Infringement Non Infringement Declaration Disclosure Obligations Costs of Adjournment

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Parties

Baxter Healthcare Corporation

Claimant

Baxter Healthcare Limited

Claimant

Abbott Laboratories

Defendant

Central Glass Company Limited

Defendant

Procedural Posture

Intellectual Property Patent / Interlocutory Application (costs and Pleadings)

Legal Issues

  1. 1 Whether Baxter's Product and Process Description is adequate for determining non-infringement
  2. 2 Whether Abbott's late identification of possible amine impurities justifies further disclosure or adjournment
  3. 3 Who should bear the costs of adjournment due to late identification of issues

Ratio Decidendi

Abbott must pay the costs thrown away by the adjournment because the late identification of possible amine impurities was due to their own failure to review disclosed documents in a timely manner, not any omission by Baxter.

Court Disposition

Application for costs granted against Abbott; scope of pleading on fluorinated amines limited to Route 2 unless further particulars are provided.

Orders

  • Abbott to pay costs thrown away by the adjournment.
  • Only fluorinated amines resulting from Route 2 to be considered at trial unless Abbott explicitly raises other possibilities.