Novartis Ag & Ors v Focus Pharmaceuticals Ltd & Ors

Novartis Ag & Ors v Focus Pharmaceuticals Ltd & Ors

Defendants were overall successful and entitled to costs, but deductions were warranted for specific issues lost. Novartis ordered to pay 75% of Defendants' costs, with a payment on account set at 55% of 75%. Both sides' applications under CPR r. 31.22 were granted. Permission to appeal was granted to Novartis on added matter and narrowly on obviousness.

Parties
Claimant: Novartis AG; Claimant: LTS Lohmann Therapie-Systeme AG; Claimant: Novartis Pharmaceuticals UK Limited; Defendant: Focus Pharmaceuticals Limited; Defendant: Actavis Group PTC EHF; Defendant: Actavis UK Limited; Defendant: Teva UK Limited
Jurisdiction
England and Wales
Judgment Date
04 June 2015
Procedural Posture
Patent / Post Trial Consequential Issues
Outcome
Novartis ordered to pay 75% of Defendants' costs; payment on account set at 55% of 75%; orders under CPR r. 31.22 granted; permission to appeal granted.
Legal Topics
Patent Validity, Costs, Permission to Appeal, Disclosure Orders
Intellectual Property Civil Procedure Patent Validity Costs Permission to Appeal Disclosure Orders

Case Brief

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Parties

Novartis AG

Claimant

LTS Lohmann Therapie-Systeme AG

Claimant

Novartis Pharmaceuticals UK Limited

Claimant

Focus Pharmaceuticals Limited

Defendant

Actavis Group PTC EHF

Defendant

Actavis UK Limited

Defendant

Teva UK Limited

Defendant

Procedural Posture

Patent / Post Trial Consequential Issues

Legal Issues

  1. 1 Entitlement to costs and percentage deduction
  2. 2 Payment on account of costs
  3. 3 Orders under CPR r. 31.22

Ratio Decidendi

Defendants were overall successful and entitled to costs, but deductions were warranted for specific issues lost. Novartis ordered to pay 75% of Defendants' costs, with a payment on account set at 55% of 75%. Both sides' applications under CPR r. 31.22 were granted. Permission to appeal was granted to Novartis on added matter and narrowly on obviousness.

Court Disposition

Novartis ordered to pay 75% of Defendants' costs; payment on account set at 55% of 75%; orders under CPR r. 31.22 granted; permission to appeal granted.

Orders

  • Novartis to pay 75% of Defendants' costs.
  • Novartis to make a payment on account of 55% of 75% of Defendants' total bill.