Novartis AG v Dexcel-Pharma Ltd

Novartis AG v Dexcel-Pharma Ltd

There is a serious issue to be tried as to whether DEXIMUNE infringes claim 1 of the patent, and the balance of convenience favours granting an interim injunction to preserve the status quo until trial.

Parties
Claimant: Novartis AG; Defendant: Dexcel-Pharma Limited
Jurisdiction
England and Wales
Judgment Date
10 June 2008
Procedural Posture
Patent Infringement / Interim Injunction Application
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Patent Claim Construction, Pharmaceutical Patents, Balance of Convenience
Intellectual Property Patents Interim Injunctions Patent Claim Construction Pharmaceutical Patents Balance of Convenience

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Parties

Novartis AG

Claimant

Dexcel-Pharma Limited

Defendant

Procedural Posture

Patent Infringement / Interim Injunction Application

Legal Issues

  1. 1 Whether DEXIMUNE infringes claim 1 of UK Patent No 2 222 770
  2. 2 Whether previous judicial construction of the patent is binding in this case
  3. 3 Whether the balance of convenience favours granting an interim injunction

Ratio Decidendi

There is a serious issue to be tried as to whether DEXIMUNE infringes claim 1 of the patent, and the balance of convenience favours granting an interim injunction to preserve the status quo until trial.

Court Disposition

Interim injunction granted

Orders

  • Dexcel-Pharma Limited is restrained from marketing DEXIMUNE in the UK pending trial.
  • Directions order made to enable trial in late 2008 or early 2009.