TEVA UK LIMITED & Anor. v NOVARTIS AG

TEVA UK LIMITED & Anor. v NOVARTIS AG

The court refused to grant an Arrow declaration because there was no evidence of ongoing uncertainty in the UK market, the undertakings offered by Novartis were clear, and the only or predominant purpose of the declaration would be to influence foreign courts (notably in relation to Teva's supply chain through other countries), which is not a sufficient justification in the absence of unusual or compelling circumstances.

Parties
Claimant: Teva UK Limited; Claimant: Teva Pharmaceutical Industries Limited; Defendant: Novartis AG; Claimant: Novartis Pharmaceuticals 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/intellectual Property / Application for Arrow Declaration; Post Trial Judgment
Outcome
Application for Arrow declaration refused
Legal Topics
Arrow Declarations, Negative Declaratory Relief, Patent Enforcement, Supply Chain Disruption, Cross Border Patent Litigation
Intellectual Property Law Patent Law Arrow Declarations Negative Declaratory Relief Patent Enforcement Supply Chain Disruption Cross Border Patent Litigation

Case Brief

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Parties

Teva UK Limited

Claimant

Teva Pharmaceutical Industries Limited

Claimant

Novartis AG

Defendant

Novartis Pharmaceuticals UK Limited

Claimant

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/intellectual Property / Application for Arrow Declaration; Post Trial Judgment

Legal Issues

  1. 1 Whether the court should grant an Arrow declaration to Teva regarding the obviousness of its proposed acts in light of Novartis' de-designation of the UK from EP 894
  2. 2 Whether the declaration would serve a useful purpose in the UK given the absence of ongoing patent rights

Ratio Decidendi

The court refused to grant an Arrow declaration because there was no evidence of ongoing uncertainty in the UK market, the undertakings offered by Novartis were clear, and the only or predominant purpose of the declaration would be to influence foreign courts (notably in relation to Teva's supply chain through other countries), which is not a sufficient justification in the absence of unusual or compelling circumstances.

Court Disposition

Application for Arrow declaration refused