Takeda UK Ltd v F. Hoffmann-La Roche AG

Takeda UK Ltd v F. Hoffmann-La Roche AG

The trial should be fixed for a date after 1st June 2019 to give Takeda the opportunity for a UK judgment before the German court, balancing the interests of both parties and the Practice Statement. Disclosure should include sub-clones 1-14 as relevance and proportionality are satisfied. No further disclosure is ordered regarding Simulect documents as all relevant documents are already available. Notice of experiments to be served by 4th December 2018. Takeda is ordered to identify group entities receiving profits from UK sales of Entyvio, as such information is relevant to potential common design liability.

Parties
Claimant: Takeda UK Limited; Defendant: F. Hoffmann-La Roche AG
Jurisdiction
England and Wales
Judgment Date
24 July 2018
Procedural Posture
Patent Revocation and Related Orders / Case Management Conference (cmc) With Contested Interim Applications
Outcome
Interim orders granted in part for both parties; directions given for trial date, disclosure, notice of experiments, and identification of profit-receiving entities.
Legal Topics
Trial Date Scheduling, Disclosure, Patent Insufficiency, Anticipation, Non Infringement, Obviousness, Common Design Liability, Account of Profits
Intellectual Property Patent Law Civil Procedure Trial Date Scheduling Disclosure Patent Insufficiency Anticipation Non Infringement +3 more

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Parties

Takeda UK Limited

Claimant

F. Hoffmann-La Roche AG

Defendant

Procedural Posture

Patent Revocation and Related Orders / Case Management Conference (cmc) With Contested Interim Applications

Legal Issues

  1. 1 Appropriate trial date for patent action
  2. 2 Scope of disclosure regarding sub-clones and Simulect product
  3. 3 Timing for service of notice of experiments

Ratio Decidendi

The trial should be fixed for a date after 1st June 2019 to give Takeda the opportunity for a UK judgment before the German court, balancing the interests of both parties and the Practice Statement. Disclosure should include sub-clones 1-14 as relevance and proportionality are satisfied. No further disclosure is ordered regarding Simulect documents as all relevant documents are already available. Notice of experiments to be served by 4th December 2018. Takeda is ordered to identify group entities receiving profits from UK sales of Entyvio, as such information is relevant to potential common design liability.

Court Disposition

Interim orders granted in part for both parties; directions given for trial date, disclosure, notice of experiments, and identification of profit-receiving entities.

Orders

  • Trial fixed for a date after 1st June 2019.
  • Disclosure to include documents relating to sub-clones 1-14.