Warner-Lambert Company LLC v Sandoz GmbH & Anor

Warner-Lambert Company LLC v Sandoz GmbH & Anor

Sandoz was unsuccessful in persuading the court to vary the interim injunction, so costs should follow the event and Sandoz should pay Warner-Lambert’s costs.

Source-derived case information.

Parties
Claimant: Warner-Lambert Company LLC; Defendant: Sandoz GmbH; Defendant: Sandoz Limited
Jurisdiction
England and Wales
Judgment Date
13 February 2017
Procedural Posture
Patent Litigation / Post Interim Injunction, Costs Determination
Outcome
Sandoz ordered to pay Warner-Lambert’s costs of the application.
Legal Topics
Patents, Interim Injunctions, Costs Assessment
Intellectual Property Civil Procedure Patents Interim Injunctions Costs Assessment

Source-derived case record

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Parties

Warner-Lambert Company LLC

Claimant

Sandoz GmbH

Defendant

Sandoz Limited

Defendant

Procedural Posture

Patent Litigation / Post Interim Injunction, Costs Determination

Legal Issues

  1. 1 Whether costs should follow the event or be reserved to the trial judge after an application to vary an interim injunction
  2. 2 Whether Sandoz was the unsuccessful party in its application to vary the injunction

Ratio Decidendi

Sandoz was unsuccessful in persuading the court to vary the interim injunction, so costs should follow the event and Sandoz should pay Warner-Lambert’s costs.

Court Disposition

Sandoz ordered to pay Warner-Lambert’s costs of the application.

Orders

  • Sandoz to pay Warner-Lambert’s costs, summarily assessed at £100,000.