Teva Pharma BV & Anor v Amgen, Inc & Anor

Teva Pharma BV & Anor v Amgen, Inc & Anor

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 court’s determination, and its tactical assignment of the patent raises legitimate concerns about future actions and binding effect of the court’s rulings.

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 Revocation and Declaratory Relief / Ruling on Application to Remove Party
Outcome
Application to remove Amgen, Inc. as a party dismissed.
Legal Topics
Patent Revocation, Supplementary Protection Certificate, Declaratory Relief, Party Joinder and Removal
Intellectual Property Civil Procedure Patent Revocation Supplementary Protection Certificate Declaratory Relief Party Joinder and Removal

Case Brief

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Parties

Teva Pharma BV

Claimant

Teva UK Limited

Claimant

Amgen, Inc.

Defendant

Amgen Manufacturing Limited

Defendant

Procedural Posture

Patent Revocation and Declaratory Relief / Ruling on 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 three claims relating to European Patent (UK) No. 2 345 724

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 court’s determination, and its tactical assignment of the patent raises legitimate concerns about future actions and binding effect of the court’s rulings.

Court Disposition

Application to remove Amgen, Inc. as a party dismissed.

Orders

  • Amgen, Inc. remains a party to all three claims.