Warner- Lambert Company LLC v Actavis Group PTC EHF & Ors

Warner- Lambert Company LLC v Actavis Group PTC EHF & Ors

The section 60(2) claim is unsustainable as it is contrary to settled jurisprudence that Swiss form claims are process claims, not product claims. There is no prospect of the Supreme Court overruling this position, and the Dutch court's decision does not alter the settled law in the UK.

Parties
Claimant: Warner-Lambert Company, LLC; Defendant: Actavis Group PTC EHF; Defendant: Actavis UK Limited; Defendant: Caduceus Pharma Limited
Jurisdiction
England and Wales
Judgment Date
06 February 2015
Procedural Posture
Patent Infringement / Interlocutory Application; Summary Judgment on Section 60(2) Claim
Outcome
Summary judgment granted for defendants on section 60(2) claim; costs reserved.
Legal Topics
Patent Infringement, Swiss Form Claims, Section 60(2) Patents Act 1977, Summary Judgment
Intellectual Property Patents Patent Infringement Swiss Form Claims Section 60(2) Patents Act 1977 Summary Judgment

Case Brief

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Parties

Warner-Lambert Company, LLC

Claimant

Actavis Group PTC EHF

Defendant

Actavis UK Limited

Defendant

Caduceus Pharma Limited

Defendant

Procedural Posture

Patent Infringement / Interlocutory Application; Summary Judgment on Section 60(2) Claim

Legal Issues

  1. 1 Whether Warner-Lambert's infringement claim under section 60(2) of the Patents Act 1977 should proceed to trial
  2. 2 Interpretation of Swiss form claims under UK and EPO jurisprudence
  3. 3 Whether the law on section 60(2) is settled or developing

Ratio Decidendi

The section 60(2) claim is unsustainable as it is contrary to settled jurisprudence that Swiss form claims are process claims, not product claims. There is no prospect of the Supreme Court overruling this position, and the Dutch court's decision does not alter the settled law in the UK.

Court Disposition

Summary judgment granted for defendants on section 60(2) claim; costs reserved.

Orders

  • Warner-Lambert's claim under section 60(2) of the Patents Act 1977 struck out and will not proceed to trial.
  • Costs reserved.