Glaxo Group Ltd v Genentech Inc & Anor

Glaxo Group Ltd v Genentech Inc & Anor

The balance of justice favours allowing UK proceedings to go to trial rather than granting a stay pending EPO opposition, due to the risk of significant delay, prejudice to commercial certainty, and insufficient mitigation by the undertakings offered. The presumption in favour of a stay is not strong and is outweighed by the need for timely resolution.

Parties
Claimant: Glaxo Group Limited; Defendant: Genentech Inc; Defendant: Biogen Idec Inc
Jurisdiction
England and Wales
Judgment Date
15 June 2007
Procedural Posture
Patent Revocation / Interlocutory Application for Stay
Outcome
Application for stay refused
Legal Topics
Stay of Proceedings, Parallel Litigation, Forum Non Conveniens, Patent Revocation, EPO Opposition, Commercial Certainty
Intellectual Property Patents Stay of Proceedings Parallel Litigation Forum Non Conveniens Patent Revocation EPO Opposition Commercial Certainty

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Parties

Glaxo Group Limited

Claimant

Genentech Inc

Defendant

Biogen Idec Inc

Defendant

Procedural Posture

Patent Revocation / Interlocutory Application for Stay

Legal Issues

  1. 1 Should UK patent revocation proceedings be stayed pending EPO opposition outcome?
  2. 2 Is there a presumption in favour of a stay in patent cases with parallel EPO proceedings?
  3. 3 Does absence of infringement proceedings affect the stay analysis?

Ratio Decidendi

The balance of justice favours allowing UK proceedings to go to trial rather than granting a stay pending EPO opposition, due to the risk of significant delay, prejudice to commercial certainty, and insufficient mitigation by the undertakings offered. The presumption in favour of a stay is not strong and is outweighed by the need for timely resolution.

Court Disposition

Application for stay refused

Orders

  • UK patent revocation proceedings to proceed to trial
  • No stay pending EPO opposition