Fujifilm Kyowa Kirin Biologics Co, Ltd & Ors v Abbvie Biotechnology Ltd & Anor

Fujifilm Kyowa Kirin Biologics Co, Ltd & Ors v Abbvie Biotechnology Ltd & Anor

There is a real prospect that the trial judge will find that the declarations sought by the claimants serve a useful purpose, including providing commercial certainty, protecting supply chains, promoting settlement, and countering a strategy of prolonging uncertainty by the defendant. Therefore, summary judgment and strike out are refused, and the amendments to the Particulars of Claim are allowed.

Parties
Claimant: Fujifilm Kyowa Kirin Biologics Co., Ltd.; Claimant: Samsung Bioepis UK Limited; Claimant: Biogen Idec Limited; Defendant: AbbVie Biotechnology Limited; Defendant: AbbVie Limited
Jurisdiction
England and Wales
Judgment Date
29 December 2016
Procedural Posture
Civil (patents) / Interlocutory Application for Summary Judgment And/or Strike Out, and Application to Amend Pleadings
Outcome
Application for summary judgment and strike out dismissed; application to amend Particulars of Claim allowed.
Legal Topics
Arrow Declarations, Summary Judgment, Abuse of Process, Patent Revocation, Biosimilars, Declaratory Relief
Intellectual Property Patents Arrow Declarations Summary Judgment Abuse of Process Patent Revocation Biosimilars Declaratory Relief

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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

AbbVie Limited

Defendant

Procedural Posture

Civil (patents) / Interlocutory Application for Summary Judgment And/or Strike Out, and Application to Amend Pleadings

Legal Issues

  1. 1 Whether the continuation of the proceedings serves a useful purpose after the defendant's abandonment of UK patent protection and undertakings
  2. 2 Whether the proceedings are an abuse of process and should be struck out
  3. 3 Whether the claimants should be permitted to amend their Particulars of Claim

Ratio Decidendi

There is a real prospect that the trial judge will find that the declarations sought by the claimants serve a useful purpose, including providing commercial certainty, protecting supply chains, promoting settlement, and countering a strategy of prolonging uncertainty by the defendant. Therefore, summary judgment and strike out are refused, and the amendments to the Particulars of Claim are allowed.

Court Disposition

Application for summary judgment and strike out dismissed; application to amend Particulars of Claim allowed.

Orders

  • AbbVie's application for summary judgment is dismissed.
  • AbbVie's application to strike out the proceedings as an abuse of process is dismissed.