Celltrion Inc v Biogen Idec Inc & Ors

Celltrion Inc v Biogen Idec Inc & Ors

Split trials are ordered due to significant differences in priority dates and subject matter between CLL and RA patents, convenience for witnesses and court, and ability to accommodate trials within twelve months; objections regarding premature listing and disclosure do not outweigh these considerations.

Parties
Claimant: Celltrion Inc.; Defendant: Biogen Idec Inc.; Defendant: F. Hoffmann-La-Roche AG; Defendant: Genentech Inc.
Jurisdiction
England and Wales
Judgment Date
22 January 2016
Procedural Posture
Patent Revocation / Interlocutory Application for Split Trial and Listing
Outcome
Application granted
Legal Topics
Patent Revocation, Case Management, Split Trial, Pharmaceutical Patents
Intellectual Property Civil Procedure Patent Revocation Case Management Split Trial Pharmaceutical Patents

Case Brief

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Parties

Celltrion Inc.

Claimant

Biogen Idec Inc.

Defendant

F. Hoffmann-La-Roche AG

Defendant

Genentech Inc.

Defendant

Procedural Posture

Patent Revocation / Interlocutory Application for Split Trial and Listing

Legal Issues

  1. 1 Whether proceedings for revocation of three patents should be listed as two separate trials within twelve months
  2. 2 Whether split trial is appropriate given overlap and differences between patents
  3. 3 Whether premature to order split trial before pleadings are closed

Ratio Decidendi

Split trials are ordered due to significant differences in priority dates and subject matter between CLL and RA patents, convenience for witnesses and court, and ability to accommodate trials within twelve months; objections regarding premature listing and disclosure do not outweigh these considerations.

Court Disposition

Application granted

Orders

  • Split trials to be listed as close as possible to 30th November with short break between them.
  • CMC to be scheduled after pleadings are closed; trial dates may be vacated at CMC if impractical.