Teva Pharma BV & Anor v Amgen, Inc & Anor [2013] EWHC 3711 (Pat) (27 November 2013)

Teva Pharma BV & Anor v Amgen, Inc & Anor [2013] EWHC 3711 (Pat) (27 November 2013)

It is desirable for Amgen, Inc. to remain a party because Teva has a real prospect of successfully claiming declaratory relief against it, Amgen, Inc. may be affected by the outcome, and the assignment appears to have been made for tactical reasons related to the litigation. Removing Amgen, Inc. would not be the most effective way to resolve the issues raised.

Citation
[2013] EWHC 3711 (Pat)
Parties
Claimant: Teva Pharma BV; Claimant: Teva UK Limited; Defendant: Amgen, Inc.; Defendant: Amgen Manufacturing Limited
Jurisdiction
England and Wales
Judgment Date
27 November 2013
Procedural Posture
Patent Litigation / Interlocutory Application to Remove Party
Outcome
Application dismissed
Legal Topics
Patent Revocation, Supplementary Protection Certificate (spc), Declaratory Relief, Party Joinder and Removal, Disclosure Obligations
Intellectual Property Civil Procedure Patent Revocation Supplementary Protection Certificate (spc) Declaratory Relief Party Joinder and Removal Disclosure Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 22 Party arguments 2
Sign in to unlock

Parties

Teva Pharma BV

Claimant

Teva UK Limited

Claimant

Amgen, Inc.

Defendant

Amgen Manufacturing Limited

Defendant

Procedural Posture

Patent Litigation / Interlocutory Application to Remove Party

Legal Issues

  1. 1 Whether it is desirable under CPR rule 19.2(3) for Amgen, Inc. to cease to be a party to the claims after assignment of the patent to Amgen Manufacturing Limited

Ratio Decidendi

It is desirable for Amgen, Inc. to remain a party because Teva has a real prospect of successfully claiming declaratory relief against it, Amgen, Inc. may be affected by the outcome, and the assignment appears to have been made for tactical reasons related to the litigation. Removing Amgen, Inc. would not be the most effective way to resolve the issues raised.

Court Disposition

Application dismissed

Orders

  • Amgen, Inc. to remain a party to the claims