Les Laboratoires Servier & Anor v KRKA Polska SP Zo.o & Anor

Les Laboratoires Servier & Anor v KRKA Polska SP Zo.o & Anor

There are serious issues to be tried regarding both infringement and validity of the patent, including whether the prior art or prior sale anticipates or renders the patent obvious. The evidence is in acute conflict and cannot be resolved without a trial. The balance of convenience strongly favours granting an interim injunction to preserve the status quo and prevent irreparable harm to Servier, which would not be adequately compensated by damages, whereas KRKA's potential losses are less significant and quantifiable.

Parties
Claimant: Les Laboratoires Servier; Claimant: Servier Laboratoires Limited; Defendant: KRKA Polska Sp. Zo.o; Defendant: KRKA d.d.
Jurisdiction
England and Wales
Judgment Date
03 October 2006
Procedural Posture
Patent Action / Interlocutory Applications (interim Injunction and Summary Judgment)
Outcome
Interim injunction granted; summary judgment refused.
Legal Topics
Interim Injunctions, Patent Validity, Infringement, Summary Judgment
Intellectual Property Patents Interim Injunctions Patent Validity Infringement Summary Judgment

Case Brief

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Parties

Les Laboratoires Servier

Claimant

Servier Laboratoires Limited

Claimant

KRKA Polska Sp. Zo.o

Defendant

KRKA d.d.

Defendant

Procedural Posture

Patent Action / Interlocutory Applications (interim Injunction and Summary Judgment)

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain alleged patent infringement pending trial
  2. 2 Whether the patent is clearly invalid for lack of novelty or obviousness justifying summary judgment

Ratio Decidendi

There are serious issues to be tried regarding both infringement and validity of the patent, including whether the prior art or prior sale anticipates or renders the patent obvious. The evidence is in acute conflict and cannot be resolved without a trial. The balance of convenience strongly favours granting an interim injunction to preserve the status quo and prevent irreparable harm to Servier, which would not be adequately compensated by damages, whereas KRKA's potential losses are less significant and quantifiable.

Court Disposition

Interim injunction granted; summary judgment refused.

Orders

  • KRKA restrained from importing, offering to dispose of, or disposing of within the UK any generic pharmaceutical containing perindopril erbumine in the alpha crystalline form pending trial.
  • KRKA's application for summary judgment (revocation of the patent) dismissed.