Astex Therapeutics Ltd v Astrazeneca AB

Astex Therapeutics Ltd v Astrazeneca AB

The Court held that the Program under the Agreement ended with the Collaboration Term, and thus Astex was not entitled to milestone or royalty payments for CD1 or CD2, as these compounds were not Collaboration Compounds discovered as a direct result of work performed as part of the Program. The Court also found that...

Source-derived case information.

Parties
Appellant: Astex Therapeutics Limited; Respondent: AstraZeneca AB
Jurisdiction
England and Wales
Judgment Date
06 November 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed on main issue; appeal allowed on indemnity costs.
Legal Topics
Interpretation of Collaboration Agreements, Milestone and Royalty Payments, Drug Discovery Agreements, Costs Orders
Contract Law Commercial Law Intellectual Property Interpretation of Collaboration Agreements Milestone and Royalty Payments Drug Discovery Agreements Costs Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Astex Therapeutics Limited

Appellant

AstraZeneca AB

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the Program under the Agreement continued beyond the Collaboration Term
  2. 2 Whether CD1 and CD2 were Collaboration Compounds under the Agreement
  3. 3 Whether Astex was entitled to milestone and royalty payments for CD1 and CD2

Ratio Decidendi

The Court held that the Program under the Agreement ended with the Collaboration Term, and thus Astex was not entitled to milestone or royalty payments for CD1 or CD2, as these compounds were not Collaboration Compounds discovered as a direct result of work performed as part of the Program. The Court also found that the judge's award of indemnity costs from 6 December 2016 was not justified and should be set aside.

Court Disposition

Appeal dismissed on main issue; appeal allowed on indemnity costs.

Orders

  • Astex's appeal on entitlement to payments dismissed.
  • Order for indemnity costs against Astex set aside; costs to be assessed on the standard basis.