The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors

The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors

The claim for the tort of causing loss by unlawful means is struck out because the alleged deceit on the EPO and English courts did not interfere with their freedom to deal with the claimants, as required by the tort's definition in OBG v Allen. The unlawful means must affect the third party's freedom to deal with the claimant, which is not satisfied on these facts.

Parties
Claimant: The Secretary of State for Health; Claimant: The NHS Business Services Authority; Defendant: Servier Laboratories Limited; Defendant: Servier Research and Development Limited; Defendant: Les Laboratoires Servier SAS; Defendant: Servier SAS
Jurisdiction
England and Wales
Judgment Date
02 August 2017
Procedural Posture
Civil (commercial/competition) / Interlocutory Application to Strike Out a Head of Claim
Outcome
Application granted; claim for unlawful means tort struck out.
Legal Topics
Abuse of Dominant Position, Tort of Causing Loss by Unlawful Means, Patent Misrepresentation, Strike Out Applications
Competition Law Tort Law Intellectual Property Abuse of Dominant Position Tort of Causing Loss by Unlawful Means Patent Misrepresentation Strike Out Applications

Case Brief

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Parties

The Secretary of State for Health

Claimant

The NHS Business Services Authority

Claimant

Servier Laboratories Limited

Defendant

Servier Research and Development Limited

Defendant

Les Laboratoires Servier SAS

Defendant

Servier SAS

Defendant

Procedural Posture

Civil (commercial/competition) / Interlocutory Application to Strike Out a Head of Claim

Legal Issues

  1. 1 Whether the tort of causing loss by unlawful means applies to alleged deceit on the EPO and English courts in obtaining and enforcing a patent, where the unlawful means did not interfere with the third party's freedom to deal with the claimant.

Ratio Decidendi

The claim for the tort of causing loss by unlawful means is struck out because the alleged deceit on the EPO and English courts did not interfere with their freedom to deal with the claimants, as required by the tort's definition in OBG v Allen. The unlawful means must affect the third party's freedom to deal with the claimant, which is not satisfied on these facts.

Court Disposition

Application granted; claim for unlawful means tort struck out.

Orders

  • Paragraphs 73-78 of the Particulars of Claim are struck out.