AstraZeneca AB & Anor v Generics (UK) Ltd & Ors [2025] EWCA Civ 924 (21 July 2025)

AstraZeneca AB & Anor v Generics (UK) Ltd & Ors [2025] EWCA Civ 924 (21 July 2025)

Interim injunction pending Supreme Court appeal or permission to appeal is refused because AstraZeneca's appeal has no real prospect of success and there is no arguable point of law; however, a short interim injunction of 14 days is granted to preserve the status quo to allow AstraZeneca to apply to the Supreme Court.

Citation
[2025] EWCA Civ 924
Parties
Applicant: AstraZeneca AB; Applicant: AstraZeneca UK Limited; Respondent: Generics (U.K.) Limited; Respondent: Teva Pharmaceutical Industries Limited and Teva UK Limited; Respondent: Glenmark Pharmaceuticals Europe Limited; Respondent: Sandoz Limited; Respondent: Bestway Pharmacy NDC Limited; Intervenor: Secretary of State for Health and Social Care
Jurisdiction
England and Wales
Judgment Date
21 July 2025
Procedural Posture
Appeal (interim Injunction Application) / Post Judgment, Application for Interim Injunction Pending Supreme Court Appeal or Permission to Appeal
Outcome
Application for interim injunction pending Supreme Court appeal or permission to appeal refused; short interim injunction granted for 14 days.
Legal Topics
Interim Injunctions, Supplementary Protection Certificates, Patent Validity, Appeals, Balance of Convenience
Intellectual Property Patents Civil Procedure Interim Injunctions Supplementary Protection Certificates Patent Validity Appeals Balance of Convenience

Case Brief

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Parties

AstraZeneca AB

Applicant

AstraZeneca UK Limited

Applicant

Generics (U.K.) Limited

Respondent

Teva Pharmaceutical Industries Limited and Teva UK Limited

Respondent

Glenmark Pharmaceuticals Europe Limited

Respondent

Sandoz Limited

Respondent

Bestway Pharmacy NDC Limited

Respondent

Secretary of State for Health and Social Care

Intervenor

Procedural Posture

Appeal (interim Injunction Application) / Post Judgment, Application for Interim Injunction Pending Supreme Court Appeal or Permission to Appeal

Legal Issues

  1. 1 Whether an interim injunction should be granted pending an application to the Supreme Court for permission to appeal or pending appeal
  2. 2 Whether AstraZeneca's appeal has a real prospect of success
  3. 3 Appropriate application of balance of convenience and adequacy of damages in interim relief

Ratio Decidendi

Interim injunction pending Supreme Court appeal or permission to appeal is refused because AstraZeneca's appeal has no real prospect of success and there is no arguable point of law; however, a short interim injunction of 14 days is granted to preserve the status quo to allow AstraZeneca to apply to the Supreme Court.

Court Disposition

Application for interim injunction pending Supreme Court appeal or permission to appeal refused; short interim injunction granted for 14 days.

Orders

  • Interim injunction granted to AstraZeneca restraining respondents from marketing generic dapagliflozin until 4pm on 30 July 2025 to allow application to Supreme Court.
  • Application for interim injunction pending determination of Supreme Court appeal or permission to appeal otherwise refused.