The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors [2017] EWHC 2006 (Ch) (02 August 2017)

The Secretary of State for Health & Anor v Servier Laboratories Ltd & Ors [2017] EWHC 2006 (Ch) (02 August 2017)

The unlawful means tort does not apply where the alleged unlawful acts (deceit towards the EPO and English courts) do not interfere with the third party's freedom to deal with the claimant. The claim as pleaded is outside the scope of the tort as defined by the House of Lords in OBG Ltd v Allen.

Citation
[2017] EWHC 2006 (Ch)
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
Strike Out Application / Interlocutory Judgment
Outcome
Claim struck out
Legal Topics
Economic Torts, Causing Loss by Unlawful Means, Abuse of Dominant Position, Patent Misrepresentation, Competition Law Infringement
Tort Law Competition Law Patent Law Economic Torts Causing Loss by Unlawful Means Abuse of Dominant Position Patent Misrepresentation Competition Law Infringement

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

Strike Out Application / Interlocutory Judgment

Legal Issues

  1. 1 Whether the tort of causing loss by unlawful means applies to alleged deceit in patent proceedings affecting claimants' economic interests
  2. 2 Whether the unlawful means tort requires interference with a third party's freedom to deal with the claimant

Ratio Decidendi

The unlawful means tort does not apply where the alleged unlawful acts (deceit towards the EPO and English courts) do not interfere with the third party's freedom to deal with the claimant. The claim as pleaded is outside the scope of the tort as defined by the House of Lords in OBG Ltd v Allen.

Court Disposition

Claim struck out

Orders

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