Generics (UK) Ltd v Astrazeneca AB [2025] EWHC 2203 (Pat) (01 September 2025)
The Claimants are the successful parties and entitled to their costs, subject to deductions for the distinct issue of classical obviousness (10%) and for specific applications and amendments (2% for Viatris, 0.8% for Teva, 1.2% for Glenmark). The deductions reflect unsuccessful or abandoned issues that increased costs, but not to the extent sought by AZ. Interim payments on account are set at 65% of costs after deductions. A confidentiality order under CPR 31.22 is granted as unopposed and appropriate.
- Citation
- [2025] EWHC 2203 (Pat)
- Parties
- Claimant: Generics (U.K.) Limited; Claimant: Teva Pharmaceutical Industries Limited; Claimant: Teva UK Limited; Claimant: Glenmark Pharmaceuticals Europe Limited; Defendant: AstraZeneca AB
- Jurisdiction
- England and Wales
- Judgment Date
- 01 September 2025
- Procedural Posture
- Patent Costs Judgment (post Trial) / Post Trial, Costs Determination After Appeal
- Outcome
- Claimants awarded costs with deductions; interim payments ordered; confidentiality order granted.
- Legal Topics
- Costs, Patent Validity, Specialist Procedure: Patents Court, Interim Payments, Disclosure, Pleading Amendments
Case Brief
Summary, issues, holding and outcome
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Parties
Generics (U.K.) Limited
Claimant
Teva Pharmaceutical Industries Limited
Claimant
Teva UK Limited
Claimant
Glenmark Pharmaceuticals Europe Limited
Claimant
AstraZeneca AB
Defendant
Procedural Posture
Patent Costs Judgment (post Trial) / Post Trial, Costs Determination After Appeal
Legal Issues
- 1 Whether the Claimants should recover all or part of their costs as the successful parties
- 2 Whether deductions should be made for issues on which Claimants were unsuccessful or for specific applications/amendments
- 3 Appropriate quantum for interim payments on account of costs
Ratio Decidendi
The Claimants are the successful parties and entitled to their costs, subject to deductions for the distinct issue of classical obviousness (10%) and for specific applications and amendments (2% for Viatris, 0.8% for Teva, 1.2% for Glenmark). The deductions reflect unsuccessful or abandoned issues that increased costs, but not to the extent sought by AZ. Interim payments on account are set at 65% of costs after deductions. A confidentiality order under CPR 31.22 is granted as unopposed and appropriate.
Court Disposition
Claimants awarded costs with deductions; interim payments ordered; confidentiality order granted.
Orders
- 10% deduction from each Claimant's costs for classical obviousness issue.
- Additional deductions: 2% from Viatris, 0.8% from Teva, 1.2% from Glenmark for trial listing applications and pleading amendments.
Full Case Text
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