AstraZeneca AB & Anor v Glenmark Pharmaceuticals Europe Ltd & Ors [2025] EWHC 2406 (Pat) (16 September 2025)

AstraZeneca AB & Anor v Glenmark Pharmaceuticals Europe Ltd & Ors [2025] EWHC 2406 (Pat) (16 September 2025)

Where the costs of interim injunction applications are reserved pending trial, and the patent is subsequently found invalid, the generic companies are the successful parties and entitled to their costs of those applications. AstraZeneca's applications for interim relief, though successful at the time, were based on...

Source-derived case information.

Citation
[2025] EWHC 2406 (Pat)
Parties
Claimant: AstraZeneca AB; Claimant: AstraZeneca UK Limited; Defendant: Glenmark Pharmaceuticals Europe Limited; Defendant: Teva UK Limited; Defendant: Generics (U.K.) Limited (t/a Viatris); Defendant: Sandoz Limited; Defendant: Bestway Pharmacy NDC Limited
Jurisdiction
England and Wales
Judgment Date
16 September 2025
Procedural Posture
Patent Infringement and Revocation Proceedings (costs Judgment) / Post Trial, Costs Determination After Final Appellate Resolution
Outcome
Costs awarded to the Generic Companies; indemnity costs awarded against Sandoz and Bestway; interim payment ordered at 65% of claimed costs.
Legal Topics
Costs of Interim Injunctions, Costs Following the Event, Balance of Convenience, Interim Relief, Patent Validity, Indemnity Costs, Reserved Costs, Cross Undertaking in Damages
Intellectual Property Patents Civil Procedure Costs of Interim Injunctions Costs Following the Event Balance of Convenience Interim Relief Patent Validity +3 more

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Summary, issues, holding and outcome

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Parties

AstraZeneca AB

Claimant

AstraZeneca UK Limited

Claimant

Glenmark Pharmaceuticals Europe Limited

Defendant

Teva UK Limited

Defendant

Generics (U.K.) Limited (t/a Viatris)

Defendant

Sandoz Limited

Defendant

Bestway Pharmacy NDC Limited

Defendant

Procedural Posture

Patent Infringement and Revocation Proceedings (costs Judgment) / Post Trial, Costs Determination After Final Appellate Resolution

Legal Issues

  1. 1 How should costs be allocated for interim injunction applications after the patent was found invalid?
  2. 2 Does the outcome at trial (invalidity) determine costs at interim stages?
  3. 3 Are there special factors justifying departure from the general rule on costs?

Ratio Decidendi

Where the costs of interim injunction applications are reserved pending trial, and the patent is subsequently found invalid, the generic companies are the successful parties and entitled to their costs of those applications. AstraZeneca's applications for interim relief, though successful at the time, were based on a patent later found invalid. Sandoz and Bestway's conduct in launching without notice justified indemnity costs against them. No special factors justified departing from the general rule.

Court Disposition

Costs awarded to the Generic Companies; indemnity costs awarded against Sandoz and Bestway; interim payment ordered at 65% of claimed costs.

Orders

  • AstraZeneca to pay Glenmark's costs of the 9 April 2025 application.
  • AstraZeneca to pay the costs of the Generic Companies (Glenmark, Teva, Viatris, Sandoz, Bestway) for the May 2025 interim injunction applications.