Les Laboratoires Servier & Anor v Apotex Inc & Ors

Les Laboratoires Servier & Anor v Apotex Inc & Ors

Apotex is entitled to compensation for lost profits caused by the interim injunction, assessed by reconstructing the hypothetical market during the 'at risk' period, discounting for competing scenarios, and applying a probability-weighted approach. The court rejected Servier's attempt to plead Canadian patent issues late, and awarded damages based on the most reliable expert evidence and market data.

Parties
Claimant: Les Laboratoires Servier; Claimant: Servier Laboratories Limited; Defendant: Apotex Inc; Defendant: Apotex Pharmachem Inc; Defendant: Apotex Europe Limited; Defendant: Apotex UK Limited
Jurisdiction
England and Wales
Judgment Date
09 October 2008
Procedural Posture
Commercial / Post Trial Damages Assessment
Outcome
judgment for Apotex
Legal Topics
Patents, Interim Injunctions, Cross Undertaking in Damages, Pharmaceuticals, Market Entry, Damages Quantification
Intellectual Property Commercial Law Equity Patents Interim Injunctions Cross Undertaking in Damages Pharmaceuticals Market Entry +1 more

Case Brief

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Parties

Les Laboratoires Servier

Claimant

Servier Laboratories Limited

Claimant

Apotex Inc

Defendant

Apotex Pharmachem Inc

Defendant

Apotex Europe Limited

Defendant

Apotex UK Limited

Defendant

Procedural Posture

Commercial / Post Trial Damages Assessment

Legal Issues

  1. 1 Whether Apotex is entitled to compensation under the cross-undertaking in damages for losses caused by the interim injunction restraining sale of generic perindopril
  2. 2 How to quantify Apotex's lost profits during the injunction period
  3. 3 Whether late amendment to plead Canadian patent issues should be allowed

Ratio Decidendi

Apotex is entitled to compensation for lost profits caused by the interim injunction, assessed by reconstructing the hypothetical market during the 'at risk' period, discounting for competing scenarios, and applying a probability-weighted approach. The court rejected Servier's attempt to plead Canadian patent issues late, and awarded damages based on the most reliable expert evidence and market data.

Court Disposition

judgment for Apotex

Orders

  • Servier to pay Apotex £17.5 million as compensation under the cross-undertaking in damages
  • Application to amend pleadings to plead Canadian patent issues refused