Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd & Ors [2018] EWHC 3325 (Ch) (03 July 2018)

Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd & Ors [2018] EWHC 3325 (Ch) (03 July 2018)

Vectura should be joined as defendants to ensure all relevant parties are bound and information gaps are avoided; Sandoz must disclose documents from former employees as compliance with English court orders and GDPR overrides German law objections; specific disclosure ordered subject to reasonable work programme and proportionality.

Citation
[2018] EWHC 3325 (Ch)
Parties
Claimant: Glaxo Wellcome UK Limited (trading as Allen & Hanburys); Claimant: Glaxo Group Limited; Defendant: Sandoz Limited; Defendant: Sandoz International GmbH; Defendant: Aeropharm GmbH; Defendant: Hexal AG; Proposed Defendant: Sandoz AG; Proposed Defendant: Vectura Delivery Devices Limited; Proposed Defendant: Vectura Group PLC
Jurisdiction
England and Wales
Judgment Date
03 July 2018
Procedural Posture
Intellectual Property Passing Off / Pre Trial Review (ptr), Interlocutory Applications
Outcome
Joinder of Vectura as defendants ordered; Sandoz's German law objection to disclosure rejected; specific disclosure ordered subject to work programme; trial adjourned to June/July 2019.
Legal Topics
Passing Off, Joinder of Parties, Disclosure, Data Protection, Case Management
Intellectual Property Civil Procedure Passing Off Joinder of Parties Disclosure Data Protection Case Management

Case Brief

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Parties

Glaxo Wellcome UK Limited (trading as Allen & Hanburys)

Claimant

Glaxo Group Limited

Claimant

Sandoz Limited

Defendant

Sandoz International GmbH

Defendant

Aeropharm GmbH

Defendant

Hexal AG

Defendant

Sandoz AG

Proposed Defendant

Vectura Delivery Devices Limited

Proposed Defendant

Vectura Group PLC

Proposed Defendant

Procedural Posture

Intellectual Property Passing Off / Pre Trial Review (ptr), Interlocutory Applications

Legal Issues

  1. 1 Whether Vectura should be joined as defendants
  2. 2 Whether Sandoz must disclose documents from former employees under German law
  3. 3 Specific disclosure obligations and scope

Ratio Decidendi

Vectura should be joined as defendants to ensure all relevant parties are bound and information gaps are avoided; Sandoz must disclose documents from former employees as compliance with English court orders and GDPR overrides German law objections; specific disclosure ordered subject to reasonable work programme and proportionality.

Court Disposition

Joinder of Vectura as defendants ordered; Sandoz's German law objection to disclosure rejected; specific disclosure ordered subject to work programme; trial adjourned to June/July 2019.

Orders

  • Vectura Delivery Devices Limited and Vectura Group PLC added as defendants.
  • Sandoz AG added as defendant.