AstraZeneca AB & Anor v KRKA dd Novo Mesto & Anor

AstraZeneca AB & Anor v KRKA dd Novo Mesto & Anor

The judge was entitled to rely on Medicine Managers' evidence to assess likely market behaviour in the counterfactual scenario, reject actual post-launch market share and comparables as unreliable, and apply a 20% uncertainty discount. The damages awarded reflected a fair and liberal assessment of loss caused by the injunction, consistent with established legal principles.

Parties
Appellant/claimant: AstraZeneca AB; Appellant/claimant: AstraZeneca UK Ltd; Respondent/defendant: KRKA dd Novo Mesto; Respondent/defendant: Consilient Health Ltd
Jurisdiction
England and Wales
Judgment Date
21 May 2015
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Patent Damages, Interim Injunctions, Cross Undertaking in Damages, Market Entry, Loss of First Mover Advantage
Intellectual Property Pharmaceutical Law Patent Damages Interim Injunctions Cross Undertaking in Damages Market Entry Loss of First Mover Advantage

Case Brief

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Parties

AstraZeneca AB

Appellant/claimant

AstraZeneca UK Ltd

Appellant/claimant

KRKA dd Novo Mesto

Respondent/defendant

Consilient Health Ltd

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Assessment of damages under cross-undertaking for interim injunction
  2. 2 Appropriate methodology for quantifying loss of opportunity to enter pharmaceutical market
  3. 3 Application of uncertainty discount in damages calculation

Ratio Decidendi

The judge was entitled to rely on Medicine Managers' evidence to assess likely market behaviour in the counterfactual scenario, reject actual post-launch market share and comparables as unreliable, and apply a 20% uncertainty discount. The damages awarded reflected a fair and liberal assessment of loss caused by the injunction, consistent with established legal principles.

Court Disposition

appeal dismissed

Orders

  • Judgment of Sales J affirmed
  • Damages award to defendants in excess of £27 million upheld