Warner-Lambert Company Llc v Teva UK Ltd & Ors [2011] EWHC 1691 (Pat) (27 June 2011)

Warner-Lambert Company Llc v Teva UK Ltd & Ors [2011] EWHC 1691 (Pat) (27 June 2011)

The court held that the scale of the generic launch would cause irreparable harm to Warner-Lambert that could not be adequately compensated by damages, particularly due to market distortion and reputational effects. The carve-out for existing contractual obligations struck the correct balance. The injunction should not be discharged or varied except to allow retail pharmacies (Rowlands) to dispense stock already in their possession. Disclosure by AAH of supply information was ordered to prevent circumvention of the injunction.

Citation
[2011] EWHC 1691 (Pat)
Parties
Claimant: Warner-Lambert Company LLC; Defendant: Teva UK Limited; Defendant: Phoenix Healthcare Distribution Limited; Defendant: AAH Pharmaceuticals Limited
Jurisdiction
England and Wales
Judgment Date
27 June 2011
Procedural Posture
Interim Injunction Application in Patent Infringement Proceedings / Return Date Hearing Following Without Notice Interim Injunction
Outcome
Interim injunction continued with minor variation; injunction extended to Barclay but not to Rowlands for existing stock; order for disclosure by AAH granted.
Legal Topics
Interim Injunctions, Supplementary Protection Certificates (spc), Pharmaceutical Patents, Market Impact of Generic Entry
Intellectual Property Patents Interim Injunctions Supplementary Protection Certificates (spc) Pharmaceutical Patents Market Impact of Generic Entry

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Warner-Lambert Company LLC

Claimant

Teva UK Limited

Defendant

Phoenix Healthcare Distribution Limited

Defendant

AAH Pharmaceuticals Limited

Defendant

Procedural Posture

Interim Injunction Application in Patent Infringement Proceedings / Return Date Hearing Following Without Notice Interim Injunction

Legal Issues

  1. 1 Whether to continue, vary, or discharge the interim injunction restraining sales of generic atorvastatin
  2. 2 Whether to extend the injunction to affiliated companies (Barclay and Rowlands)
  3. 3 Whether the balance of convenience favours the claimant or defendants

Ratio Decidendi

The court held that the scale of the generic launch would cause irreparable harm to Warner-Lambert that could not be adequately compensated by damages, particularly due to market distortion and reputational effects. The carve-out for existing contractual obligations struck the correct balance. The injunction should not be discharged or varied except to allow retail pharmacies (Rowlands) to dispense stock already in their possession. Disclosure by AAH of supply information was ordered to prevent circumvention of the injunction.

Court Disposition

Interim injunction continued with minor variation; injunction extended to Barclay but not to Rowlands for existing stock; order for disclosure by AAH granted.

Orders

  • Interim injunction against Teva, Phoenix, AAH continued until further hearing.
  • Injunction extended to Barclay (affiliated company of AAH).