Medical Research Council v Celltech R&D Ltd

Medical Research Council v Celltech R&D Ltd

There is insufficient evidence at this stage to justify transfer to the Patents Court, as the main issues are contractual construction and estoppel, not technical patent disputes. The Patents Court is not precluded from hearing other appropriate claims, but transfer is not appropriate now.

Parties
Claimant: Medical Research Council; Defendant: Celltech R&D Limited
Jurisdiction
England and Wales
Judgment Date
07 July 2015
Procedural Posture
Commercial / Interlocutory Application
Outcome
application refused
Legal Topics
Patent Licence, Royalties, Jurisdiction, Case Management, Estoppel
Contract Intellectual Property Patent Licence Royalties Jurisdiction Case Management Estoppel

Case Brief

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Parties

Medical Research Council

Claimant

Celltech R&D Limited

Defendant

Procedural Posture

Commercial / Interlocutory Application

Legal Issues

  1. 1 Whether the action should be transferred from the Chancery Division general list to the Patents Court
  2. 2 Whether the Patents Court has jurisdiction to hear claims not under the Patents Act 1977
  3. 3 Whether the construction of the Winter Agreement entitles the claimant to royalties on sales by Genentech's licensees

Ratio Decidendi

There is insufficient evidence at this stage to justify transfer to the Patents Court, as the main issues are contractual construction and estoppel, not technical patent disputes. The Patents Court is not precluded from hearing other appropriate claims, but transfer is not appropriate now.

Court Disposition

application refused

Orders

  • Application to transfer action to Patents Court refused
  • Defendant may renew application if technical dispute arises later