Actavis Group PTC EHF & Anor v Pharmacia LLC [2014] EWHC 2611 (Pat) (24 July 2014)

The additional undertakings offered by Pharmacia sufficiently eliminate commercial uncertainty for Actavis in the UK, tipping the balance in favour of granting a stay of proceedings pending the outcome of the EPO proceedings.

Source-derived case information.

Citation: [2014] EWHC 2611 (Pat)
Parties: Claimant: Actavis Group PTC ehf; Defendant: Pharmacia LLC
Jurisdiction: England and Wales
Judgment Date: 24 July 2014
Procedural Posture: Patent Litigation / Application to Stay Proceedings Pending EPO Decision
Outcome: Stay granted
Legal Topics: Stay of Proceedings, Parallel EPO Proceedings, Undertakings, Commercial Uncertainty, Pan European Litigation

Intellectual Property Patent Law Stay of Proceedings Parallel EPO Proceedings Undertakings Commercial Uncertainty Pan European Litigation

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2

Parties

Actavis Group PTC ehf

Claimant

Pharmacia LLC

Defendant

Procedural Posture

Patent Litigation / Application to Stay Proceedings Pending EPO Decision

Legal Issues

1 Whether to grant a stay of UK proceedings pending final determination of parallel EPO proceedings
2 Adequacy of undertakings offered to eliminate commercial uncertainty

Ratio Decidendi

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 in court.

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