Glaxo Welcome UK Lt (t/a Allen & Hanburys) & Anor v Sandoz Ltd & Ors

Glaxo Welcome UK Lt (t/a Allen & Hanburys) & Anor v Sandoz Ltd & Ors

Disclosure issues must be formulated with clarity for reviewers, balancing necessity and proportionality. The court adopted a clear formulation for intention, limited goodwill disclosure to indicia, and set the start date for searches at 1 March 2003 to ensure all relevant documents are captured without undue burden.

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 / Case Management Conference; Determination of Disclosure Issues
Outcome
Disclosure issues determined; directions given for scope and formulation of disclosure.
Legal Topics
Passing Off, Disclosure, Goodwill, Intention in IP Claims, Case Management
Intellectual Property Civil Procedure Passing Off Disclosure Goodwill Intention in IP Claims Case Management

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 / Case Management Conference; Determination of Disclosure Issues

Legal Issues

  1. 1 Appropriate scope and formulation of disclosure issues relating to intention, goodwill, and date range for searches in a passing off claim

Ratio Decidendi

Disclosure issues must be formulated with clarity for reviewers, balancing necessity and proportionality. The court adopted a clear formulation for intention, limited goodwill disclosure to indicia, and set the start date for searches at 1 March 2003 to ensure all relevant documents are captured without undue burden.

Court Disposition

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

Orders

  • Disclosure on intention to include documents evidencing knowledge or belief of risk of confusion or similarity between products, including all iterations and concepts for the GyroHaler.
  • Goodwill disclosure limited to documents showing association of Accuhaler and Evohaler with indicia as set out in particulars of claim.