Warner-Lambert Company LLC v Sandoz GmbH & Anor (Rev 1)

Warner-Lambert Company LLC v Sandoz GmbH & Anor (Rev 1)

The only material change in circumstances is Warner-Lambert's concession not to enforce claim 3 by injunction. However, Warner-Lambert retains valid claims (10, 11, 12) and is entitled to interim relief to prevent infringement. The risk of irremediable harm to Warner-Lambert outweighs Sandoz's risk, and proportionality does not justify varying the injunction given the market dynamics and scope of valid claims.

Parties
Claimant: Warner-Lambert Company LLC; Defendant: Sandoz GmbH; Defendant: Sandoz Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2016
Procedural Posture
Application to Vary Interim Injunction / Ruling on Application
Outcome
Application dismissed
Legal Topics
Interim Injunctions, Second Medical Use Patents, Proportionality of Remedies, Pharmaceutical Regulation
Intellectual Property Patent Law Interim Injunctions Second Medical Use Patents Proportionality of Remedies Pharmaceutical Regulation

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Parties

Warner-Lambert Company LLC

Claimant

Sandoz GmbH

Defendant

Sandoz Limited

Defendant

Procedural Posture

Application to Vary Interim Injunction / Ruling on Application

Legal Issues

  1. 1 Whether there has been a material change in circumstances justifying variation of the interim injunction
  2. 2 Whether the injunction is proportionate given the scope of valid patent claims
  3. 3 Effectiveness of NHS Guidance on prescribing

Ratio Decidendi

The only material change in circumstances is Warner-Lambert's concession not to enforce claim 3 by injunction. However, Warner-Lambert retains valid claims (10, 11, 12) and is entitled to interim relief to prevent infringement. The risk of irremediable harm to Warner-Lambert outweighs Sandoz's risk, and proportionality does not justify varying the injunction given the market dynamics and scope of valid claims.

Court Disposition

Application dismissed

Orders

  • Interim injunction remains in force; no variation granted