AstraZeneca AB & Anor v Generics (UK) Limited & Ors

AstraZeneca AB & Anor v Generics (UK) Limited & Ors

AstraZeneca's application for interim injunction pending Supreme Court appeal or permission was refused because there was no real prospect of success; however, a 14-day interim injunction was granted to preserve the status quo and allow AstraZeneca to apply urgently to the Supreme Court, as only the Supreme Court can properly assess prospects and decide on expedition.

Parties
Applicant: AstraZeneca AB; Applicant: AstraZeneca UK Limited; Respondent: Generics (U.K.) Limited; Respondent: Teva Pharmaceutical Industries Limited; Respondent: 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
Civil Appeal / Application for Interim Injunction Pending Supreme Court Appeal/permission
Outcome
Application for interim injunction pending appeal refused; interim injunction granted for 14 days to allow Supreme Court application.
Legal Topics
Patent Validity, Supplementary Protection Certificates, Interim Injunctions, Appeal Procedure
Intellectual Property Pharmaceutical Law Patent Validity Supplementary Protection Certificates Interim Injunctions Appeal Procedure

Case Brief

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Parties

AstraZeneca AB

Applicant

AstraZeneca UK Limited

Applicant

Generics (U.K.) Limited

Respondent

Teva Pharmaceutical Industries Limited

Respondent

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

Civil Appeal / Application for Interim Injunction Pending Supreme Court Appeal/permission

Legal Issues

  1. 1 Whether an interim injunction should be granted pending Supreme Court appeal or application for permission to appeal
  2. 2 Whether AstraZeneca's appeal/application has a real prospect of success
  3. 3 Adequacy of damages for both parties

Ratio Decidendi

AstraZeneca's application for interim injunction pending Supreme Court appeal or permission was refused because there was no real prospect of success; however, a 14-day interim injunction was granted to preserve the status quo and allow AstraZeneca to apply urgently to the Supreme Court, as only the Supreme Court can properly assess prospects and decide on expedition.

Court Disposition

Application for interim injunction pending appeal refused; interim injunction granted for 14 days to allow Supreme Court application.

Orders

  • Interim injunction granted to AstraZeneca restraining respondents from marketing generic dapagliflozin until 4pm on 30 July 2025.
  • AstraZeneca to make urgent application to Supreme Court within 14 days.