Actavis Group PTC EHF & Anor v Pharmacia LLC

The additional undertakings offered by Pharmacia sufficiently eliminate commercial uncertainty for Actavis, tipping the balance in favour of granting a stay, as per the guidance in IPCom.

Parties: Claimant: Actavis Group PTC ehf; Defendant: Pharmacia LLC
Jurisdiction: England and Wales
Judgment Date: 24 July 2014
Procedural Posture: Civil / Application to Stay Proceedings
Outcome: Stay granted
Legal Topics: Patent Validity, Stay of Proceedings, European Patent Office Proceedings

Intellectual Property Patent Validity Stay of Proceedings European Patent Office Proceedings

Case Brief

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Parties

Actavis Group PTC ehf

Claimant

Pharmacia LLC

Defendant

Procedural Posture

Civil / Application to Stay Proceedings

Legal Issues

1 Whether to grant a stay of UK proceedings pending final determination of parallel proceedings before the European Patent Office

Ratio Decidendi

The additional undertakings offered by Pharmacia sufficiently eliminate commercial uncertainty for Actavis, tipping the balance in favour of granting a stay, as per the guidance in IPCom.

Court Disposition

Stay granted

Orders

Proceedings stayed on the basis of undertakings set out in Pharmacia's solicitors’ letter dated 23 July 2014 as clarified with counsel for Pharmacia.