Otsuka Pharmaceutical Co., Ltd v GW Pharma Limited & Anor.

Otsuka Pharmaceutical Co., Ltd v GW Pharma Limited & Anor.

The Defendants failed to demonstrate a clear and good reason for the lengthy extension sought; the court balanced fairness and case management by granting a shorter extension to 24 December 2021. The Claimant was successful in resisting the application and is entitled to costs, but the amount was reduced for...

Source-derived case information.

Parties
Claimant: Otsuka Pharmaceutical Co., Ltd; Defendant: GW Pharma Limited; Defendant: GW Pharmaceuticals Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2021
Procedural Posture
Civil (patents/contract) / Interlocutory Application for Extension of Time to File Jurisdictional Challenge
Outcome
Defendants' application for extension of time granted in part; shorter extension ordered; costs awarded to Claimant.
Legal Topics
Jurisdictional Challenge, Forum Conveniens, Extension of Time, Costs
Civil Procedure Intellectual Property Contract Jurisdictional Challenge Forum Conveniens Extension of Time Costs

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Parties

Otsuka Pharmaceutical Co., Ltd

Claimant

GW Pharma Limited

Defendant

GW Pharmaceuticals Limited

Defendant

Procedural Posture

Civil (patents/contract) / Interlocutory Application for Extension of Time to File Jurisdictional Challenge

Legal Issues

  1. 1 Whether the Defendants should be granted an extension of time to file and serve their jurisdictional challenge and supporting evidence
  2. 2 Whether the Claimant is entitled to costs of the application

Ratio Decidendi

The Defendants failed to demonstrate a clear and good reason for the lengthy extension sought; the court balanced fairness and case management by granting a shorter extension to 24 December 2021. The Claimant was successful in resisting the application and is entitled to costs, but the amount was reduced for proportionality.

Court Disposition

Defendants' application for extension of time granted in part; shorter extension ordered; costs awarded to Claimant.

Orders

  • Defendants to file and serve jurisdictional challenge and supporting evidence by midday 24 December 2021.
  • Claimant to respond by 21 January 2022; evidence in reply by 4 February 2022.