Generics (UK) Ltd v Yeda Research & Development Co Ltd & Anor

Generics (UK) Ltd v Yeda Research & Development Co Ltd & Anor

The appeal is allowed because the alleged confidential information was at most peripheral to the Copaxone litigation and there was no real risk of misuse. The evidential burden on the appellant was discharged; the judge below erred in his assessment. The Bolkiah principles do not apply to former employees in the absence of a restrictive covenant, and the contractual and fiduciary duties are limited to trade secrets or highly confidential information.

Parties
Appellant: Generics (UK) Limited; Respondent: Yeda Research & Development Co. Ltd; Respondent: Teva Pharmaceutical Industries Limited
Jurisdiction
England and Wales
Judgment Date
31 May 2012
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal allowed
Legal Topics
Confidential Information, Restraint of Trade, Fiduciary Duties, Patent Litigation, Professional Privilege
Employment Law Intellectual Property Equity Confidential Information Restraint of Trade Fiduciary Duties Patent Litigation Professional Privilege

Case Brief

Summary, issues, holding and outcome

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Parties

Generics (UK) Limited

Appellant

Yeda Research & Development Co. Ltd

Respondent

Teva Pharmaceutical Industries Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a former in-house patent attorney can be barred from acting against her former employer due to alleged possession of confidential information
  2. 2 Whether the Bolkiah principles apply to former employed litigators as they do to independent professionals
  3. 3 Whether the information at issue is sufficiently confidential to justify an injunction

Ratio Decidendi

The appeal is allowed because the alleged confidential information was at most peripheral to the Copaxone litigation and there was no real risk of misuse. The evidential burden on the appellant was discharged; the judge below erred in his assessment. The Bolkiah principles do not apply to former employees in the absence of a restrictive covenant, and the contractual and fiduciary duties are limited to trade secrets or highly confidential information.

Court Disposition

appeal allowed

Orders

  • Injunction against Mylan's in-house patent attorney discharged
  • Mylan's in-house patent attorney permitted to act in Copaxone litigation