Sandoz AG & Ors v Biogen MA Inc

Sandoz AG & Ors v Biogen MA Inc

Sandoz were the overall winners and entitled to their costs, subject to a 12.3% deduction reflecting limited issues on which they did not succeed. No further deduction was warranted for Dr Dugan's evidence or Sandoz's third counsel. A deduction of £5,000 was made for US lawyers' fees. Sandoz's position on confidentiality was accepted for the remaining documents.

Parties
Claimant: Sandoz AG; Claimant: Sandoz Limited; Claimant: Sandoz GmbH; Claimant: Polpharma Biologics SA; Defendant: Biogen MA Inc
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Patent Litigation / Post Trial Costs and Confidentiality Determination
Outcome
Biogen to pay 87.7% of Sandoz's costs; confidentiality orders granted as sought by Sandoz.
Legal Topics
Costs, Patent Infringement, Confidentiality Orders
Intellectual Property Civil Procedure Costs Patent Infringement Confidentiality Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Sandoz AG

Claimant

Sandoz Limited

Claimant

Sandoz GmbH

Claimant

Polpharma Biologics SA

Claimant

Biogen MA Inc

Defendant

Procedural Posture

Patent Litigation / Post Trial Costs and Confidentiality Determination

Legal Issues

  1. 1 Appropriate costs order following trial in a patent action
  2. 2 Whether any issue-based deductions should be made from the successful party's costs
  3. 3 Whether certain documents should remain confidential

Ratio Decidendi

Sandoz were the overall winners and entitled to their costs, subject to a 12.3% deduction reflecting limited issues on which they did not succeed. No further deduction was warranted for Dr Dugan's evidence or Sandoz's third counsel. A deduction of £5,000 was made for US lawyers' fees. Sandoz's position on confidentiality was accepted for the remaining documents.

Court Disposition

Biogen to pay 87.7% of Sandoz's costs; confidentiality orders granted as sought by Sandoz.

Orders

  • Biogen to pay 87.7% of Sandoz's costs, including post-trial costs.
  • A deduction of £5,000 from Sandoz's costs for US lawyers' fees.