Teva UK Ltd v Janssen Pharmaceutica N.A.

Teva UK Ltd v Janssen Pharmaceutica N.A.

Extended disclosure under Model D is unjustified at this stage; Model B disclosure is appropriate for both sides, limited to key documents relied upon in support of pleaded cases and necessary to understand the case to be met.

Parties
Claimant: Teva UK Limited; Defendant: Janssen Pharmaceutica N. V.
Jurisdiction
England and Wales
Judgment Date
16 November 2020
Procedural Posture
Civil / Case Management Conference
Outcome
Order for extended disclosure limited to Model B for both sides; claimant to pay defendant's costs of attending and arguing the hearing; remainder of costs in the case.
Legal Topics
Supplementary Protection Certificate, Patent Validity, Disclosure Procedure
Intellectual Property Pharmaceutical Law Supplementary Protection Certificate Patent Validity Disclosure Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Teva UK Limited

Claimant

Janssen Pharmaceutica N. V.

Defendant

Procedural Posture

Civil / Case Management Conference

Legal Issues

  1. 1 Whether SPC 044 is invalid under Articles 3(c) and 3(d) of the Supplementary Protection Certificate Regulation 2009
  2. 2 Whether paliperidone or paliperidone palmitate is the active ingredient of Xeplion
  3. 3 Whether the marketing authorisations relied upon for SPC 044 were the first authorisations

Ratio Decidendi

Extended disclosure under Model D is unjustified at this stage; Model B disclosure is appropriate for both sides, limited to key documents relied upon in support of pleaded cases and necessary to understand the case to be met.

Court Disposition

Order for extended disclosure limited to Model B for both sides; claimant to pay defendant's costs of attending and arguing the hearing; remainder of costs in the case.

Orders

  • Extended disclosure limited to Model B for both parties.
  • Claimant to pay defendant's costs incurred in attending and arguing the hearing.