Glaxo Welcome UK Lt (t/a Allen & Hanburys) & Anor v Sandoz Ltd & Ors [2018] EWHC 2679 (Ch) (26 September 2018)

Glaxo Welcome UK Lt (t/a Allen & Hanburys) & Anor v Sandoz Ltd & Ors [2018] EWHC 2679 (Ch) (26 September 2018)

Disclosure issues must be framed clearly for document reviewers, with intention to deceive including knowledge or reason to believe in risk of confusion or similarity, and the date range for searches should start from the outset of the design process (March 2003) to ensure completeness and proportionality.

Citation
[2018] EWHC 2679 (Ch)
Parties
Claimant: Glaxo Welcome UK Ltd (T/A Allen & Hanburys); Claimant: Glaxo Group Limited; Defendant: Sandoz Limited; Defendant: Sandoz International GmbH; Defendant: Aeropharm GmbH; Defendant: Hexal AG; Defendant: Sandoz AG; Defendant: Vectura Group PLC; Defendant: Vectura Delivery Devices Limited
Jurisdiction
England and Wales
Judgment Date
26 September 2018
Procedural Posture
Intellectual Property (passing Off) / Case Management Conference – Disclosure Directions
Outcome
Disclosure issues determined; directions given for scope and date range of disclosure.
Legal Topics
Passing Off, Disclosure, Goodwill, Intention in IP Infringement
Intellectual Property Civil Procedure Passing Off Disclosure Goodwill Intention in IP Infringement

Case Brief

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Parties

Glaxo Welcome UK Ltd (T/A Allen & Hanburys)

Claimant

Glaxo Group Limited

Claimant

Sandoz Limited

Defendant

Sandoz International GmbH

Defendant

Aeropharm GmbH

Defendant

Hexal AG

Defendant

Sandoz AG

Defendant

Vectura Group PLC

Defendant

Vectura Delivery Devices Limited

Defendant

Procedural Posture

Intellectual Property (passing Off) / Case Management Conference – Disclosure Directions

Legal Issues

  1. 1 Scope and formulation of disclosure issues regarding intention to deceive in passing off
  2. 2 Disclosure relating to goodwill and indicia
  3. 3 Appropriate date range for disclosure searches

Ratio Decidendi

Disclosure issues must be framed clearly for document reviewers, with intention to deceive including knowledge or reason to believe in risk of confusion or similarity, and the date range for searches should start from the outset of the design process (March 2003) to ensure completeness and proportionality.

Court Disposition

Disclosure issues determined; directions given for scope and date range of disclosure.

Orders

  • Adopted claimants' alternative wording for intention disclosure issue, including knowledge or reason to believe in risk of confusion or similarity.
  • Goodwill disclosure issue limited to documents associating Accuhaler and Evohaler with indicia in particulars of claim.