Actavis UK Ltd v Eli Lilly & Company [2013] EWHC 3749 (Pat) (27 November 2013)

Actavis UK Ltd v Eli Lilly & Company [2013] EWHC 3749 (Pat) (27 November 2013)

The Fourth and Fifth Actions do not constitute an abuse of process because any alleged procedural disadvantage to Lilly arises from the existence of the First and Third Actions, not from the subsequent actions. There is no present abuse, only a contingent one, and it is not proper to stay or stigmatise claims as abusive on a contingency. The applications are properly constituted and should proceed.

Citation
[2013] EWHC 3749 (Pat)
Parties
Claimant: ACTAVIS UK LIMITED; Claimant: ACTAVIS GROUP EHF (formerly ACTAVIS GROUP HF); Claimant: ACTAVIS GROUP PTC EHF; Claimant: MEDIS EHF; Claimant: ACTAVIS DEUTSCHLAND GMBH & CO. KG; Claimant: MEDIS PHARMA GMBH; Claimant: MEDIS PHARMA FRANCE SAS; Claimant: ACTAVIS FRANCE SAS; Claimant: ACTAVIS SPAIN S. A.; Claimant: ACTAVIS ITALY SPA A SOCIO UNICO; Defendant: ELI LILLY & COMPANY
Jurisdiction
England and Wales
Judgment Date
27 November 2013
Procedural Posture
Patent Litigation / Interlocutory Application for Stay of Proceedings
Outcome
Application dismissed
Legal Topics
Abuse of Process, Patent Infringement, Declarations of Non Infringement, Lis Pendens, Jurisdiction, Procedural Requirements Under Foreign Law
Intellectual Property Civil Procedure Abuse of Process Patent Infringement Declarations of Non Infringement Lis Pendens Jurisdiction Procedural Requirements Under Foreign Law

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Parties

ACTAVIS UK LIMITED

Claimant

ACTAVIS GROUP EHF (formerly ACTAVIS GROUP HF)

Claimant

ACTAVIS GROUP PTC EHF

Claimant

MEDIS EHF

Claimant

ACTAVIS DEUTSCHLAND GMBH & CO. KG

Claimant

MEDIS PHARMA GMBH

Claimant

MEDIS PHARMA FRANCE SAS

Claimant

ACTAVIS FRANCE SAS

Claimant

ACTAVIS SPAIN S. A.

Claimant

ACTAVIS ITALY SPA A SOCIO UNICO

Claimant

ELI LILLY & COMPANY

Defendant

Procedural Posture

Patent Litigation / Interlocutory Application for Stay of Proceedings

Legal Issues

  1. 1 Whether the Fourth and Fifth Actions constitute an abuse of process
  2. 2 Whether a stay of the Fourth and Fifth Actions should be granted pending outcome of the First and Third Actions

Ratio Decidendi

The Fourth and Fifth Actions do not constitute an abuse of process because any alleged procedural disadvantage to Lilly arises from the existence of the First and Third Actions, not from the subsequent actions. There is no present abuse, only a contingent one, and it is not proper to stay or stigmatise claims as abusive on a contingency. The applications are properly constituted and should proceed.

Court Disposition

Application dismissed

Orders

  • Lilly's application for a stay of the Fourth and Fifth Actions is dismissed.
  • Lilly to pay the costs of both its application and Actavis' cross-application.