Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd [2016] EWHC 2743 (Ch) (02 November 2016)

Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd [2016] EWHC 2743 (Ch) (02 November 2016)

Glaxo failed to establish an arguable case that Aeropharm or Hexal actively co-operated with Sandoz UK in the sale or promotion of AirFluSal in England with the requisite intention for joint tortfeasance, nor did they commit any primary act of passing off within the jurisdiction. Claims for joint tortfeasance are time barred for acts more than six years prior, and joinder is not necessary for determination of the original action. Application to join Aeropharm and Hexal dismissed.

Citation
[2016] EWHC 2743 (Ch)
Parties
Claimant: Glaxo Wellcome UK Limited (t/a Allen & Hanburys); Claimant: Glaxo Group Limited; Defendant: Sandoz Limited
Jurisdiction
England and Wales
Judgment Date
02 November 2016
Procedural Posture
Intellectual Property / Application to Join Further Defendants
Outcome
Application to join Aeropharm GmbH and Hexal AG as defendants dismissed; permission to join Sandoz International GmbH granted by consent.
Legal Topics
Passing Off, Trade Mark Infringement, Joinder of Parties, Limitation Period, Jurisdiction
Intellectual Property Civil Procedure Passing Off Trade Mark Infringement Joinder of Parties Limitation Period Jurisdiction

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Parties

Glaxo Wellcome UK Limited (t/a Allen & Hanburys)

Claimant

Glaxo Group Limited

Claimant

Sandoz Limited

Defendant

Procedural Posture

Intellectual Property / Application to Join Further Defendants

Legal Issues

  1. 1 Whether Aeropharm GmbH and Hexal AG should be joined as defendants for passing off
  2. 2 Whether there is an arguable case of joint or primary tortfeasance against Aeropharm and Hexal
  3. 3 Whether claims are time barred under the Limitation Act 1980

Ratio Decidendi

Glaxo failed to establish an arguable case that Aeropharm or Hexal actively co-operated with Sandoz UK in the sale or promotion of AirFluSal in England with the requisite intention for joint tortfeasance, nor did they commit any primary act of passing off within the jurisdiction. Claims for joint tortfeasance are time barred for acts more than six years prior, and joinder is not necessary for determination of the original action. Application to join Aeropharm and Hexal dismissed.

Court Disposition

Application to join Aeropharm GmbH and Hexal AG as defendants dismissed; permission to join Sandoz International GmbH granted by consent.

Orders

  • Application to join Aeropharm GmbH and Hexal AG dismissed
  • Permission to join Sandoz International GmbH granted by consent