Teva UK Ltd & Anor v Novartis AG [2022] EWHC 2779 (Ch) (19 October 2022)

Teva UK Ltd & Anor v Novartis AG [2022] EWHC 2779 (Ch) (19 October 2022)

The court refused to grant an Arrow declaration because there was no evidence of ongoing uncertainty in the UK market, the declaration's predominant purpose was to influence foreign proceedings, and there were no unusual or compelling circumstances justifying the grant of such relief.

Source-derived case information.

Citation
[2022] EWHC 2779 (Ch)
Parties
Claimant: Teva UK Limited; Claimant: Teva Pharmaceutical Industries Limited; Defendant: Novartis AG; Claimant: Novartis AG; Claimant: Novartis Pharmaceuticals UK Limited; Defendant: Teva UK Limited; Defendant: Dr Reddy's Laboratories Limited; Defendant: Glenmark Pharmaceuticals Europe Limited; Defendant: Tillomed Laboratories Limited; Defendant: Zentiva Pharma UK Limited; Defendant: Aristo Pharma GmbH; Defendant: Viatris UK Healthcare Limited
Jurisdiction
England and Wales
Judgment Date
19 October 2022
Procedural Posture
Patent Litigation / Application for Arrow Declaration, Post Patent De Designation
Outcome
Application for Arrow declaration refused
Legal Topics
Arrow Declaration, Patent Obviousness, Declaratory Relief, Supply Chain Disruption, Jurisdictional Discretion
Intellectual Property Patent Law Arrow Declaration Patent Obviousness Declaratory Relief Supply Chain Disruption Jurisdictional Discretion

Source-derived case record

Summary, issues, holding and outcome

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Parties

Teva UK Limited

Claimant

Teva Pharmaceutical Industries Limited

Claimant

Novartis AG

Defendant

Novartis AG

Claimant

Novartis Pharmaceuticals UK Limited

Claimant

Teva UK Limited

Defendant

Dr Reddy's Laboratories Limited

Defendant

Glenmark Pharmaceuticals Europe Limited

Defendant

Tillomed Laboratories Limited

Defendant

Zentiva Pharma UK Limited

Defendant

Aristo Pharma GmbH

Defendant

Viatris UK Healthcare Limited

Defendant

Procedural Posture

Patent Litigation / Application for Arrow Declaration, Post Patent De Designation

Legal Issues

  1. 1 Whether the court should grant an Arrow declaration when the relevant patent is no longer designated in the UK
  2. 2 Whether the declaration serves a useful purpose in the UK market or is predominantly for use in foreign proceedings

Ratio Decidendi

The court refused to grant an Arrow declaration because there was no evidence of ongoing uncertainty in the UK market, the declaration's predominant purpose was to influence foreign proceedings, and there were no unusual or compelling circumstances justifying the grant of such relief.

Court Disposition

Application for Arrow declaration refused