Fujifilm Kyowa Kirin Biologics Co, Ltd & Ors v Abbvie Biotechnology Ltd & Anor [2016] EWHC 3383 (Ch) (29 December 2016)

Fujifilm Kyowa Kirin Biologics Co, Ltd & Ors v Abbvie Biotechnology Ltd & Anor [2016] EWHC 3383 (Ch) (29 December 2016)

There is a real prospect that the trial judge will find that the declarations sought by the claimants serve a useful purpose, given AbbVie's conduct and the commercial context, and therefore summary judgment or strike out is not appropriate.

Citation
[2016] EWHC 3383 (Ch)
Parties
Claimant: FUJIFILM KYOWA KIRIN BIOLOGICS CO., LTD.; Claimant: SAMSUNG BIOEPIS UK LIMITED; Claimant: BIOGEN IDEC LIMITED; Defendant: ABBVIE BIOTECHNOLOGY LIMITED
Jurisdiction
England and Wales
Judgment Date
29 December 2016
Procedural Posture
Patent Litigation / Interlocutory Application (summary Judgment/strike Out)
Outcome
AbbVie's applications for summary judgment and strike out are dismissed; claimants' applications to amend Particulars of Claim are allowed.
Legal Topics
Arrow Declarations, Summary Judgment, Abuse of Process, Declaratory Relief, Gillette Defence, Divisionals and Patent Strategy
Intellectual Property Patents Civil Procedure Arrow Declarations Summary Judgment Abuse of Process Declaratory Relief Gillette Defence +1 more

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Parties

FUJIFILM KYOWA KIRIN BIOLOGICS CO., LTD.

Claimant

SAMSUNG BIOEPIS UK LIMITED

Claimant

BIOGEN IDEC LIMITED

Claimant

ABBVIE BIOTECHNOLOGY LIMITED

Defendant

Procedural Posture

Patent Litigation / Interlocutory Application (summary Judgment/strike Out)

Legal Issues

  1. 1 Whether the applications for summary judgment and strike out by AbbVie should be granted
  2. 2 Whether the grant of Arrow declarations would serve a useful purpose
  3. 3 Whether the continuation of proceedings is an abuse of process

Ratio Decidendi

There is a real prospect that the trial judge will find that the declarations sought by the claimants serve a useful purpose, given AbbVie's conduct and the commercial context, and therefore summary judgment or strike out is not appropriate.

Court Disposition

AbbVie's applications for summary judgment and strike out are dismissed; claimants' applications to amend Particulars of Claim are allowed.

Orders

  • Application for summary judgment dismissed
  • Application to strike out proceedings as abuse of process dismissed