Glaxosmithkline UK Ltd v Wyeth Holdings LLC

Glaxosmithkline UK Ltd v Wyeth Holdings LLC

Pfizer cannot claim an account of profits for future infringements as pleadings do not permit it and no amendment was sought; even if open, discretion would not allow it due to public health considerations and lack of unconscionable conduct. Pfizer may elect between account of profits and damages inquiry for past infringements, but only damages inquiry for future infringements.

Parties
Claimant: GlaxoSmithKline UK Limited; Defendant: Wyeth Holdings LLC
Jurisdiction
England and Wales
Judgment Date
13 January 2017
Procedural Posture
Patent Infringement and Revocation / Post Liability, Preliminary Issues on Remedies
Outcome
Pfizer may elect account of profits or damages inquiry for past infringements; only damages inquiry for future infringements; no order for account of profits for future infringements; costs awarded to GSK UK for disclosure applications; no order as to costs for account of profits applications.
Legal Topics
Account of Profits, Damages Inquiry, Pleadings Amendment, Public Health Exception, Election of Remedies
Intellectual Property Patent Law Account of Profits Damages Inquiry Pleadings Amendment Public Health Exception Election of Remedies

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Parties

GlaxoSmithKline UK Limited

Claimant

Wyeth Holdings LLC

Defendant

Procedural Posture

Patent Infringement and Revocation / Post Liability, Preliminary Issues on Remedies

Legal Issues

  1. 1 Whether Pfizer can claim an account of profits for past and future infringements
  2. 2 Whether pleadings permit an account of profits in lieu of injunction for future infringements
  3. 3 Whether relief for future infringements can be mixed (damages/account of profits)

Ratio Decidendi

Pfizer cannot claim an account of profits for future infringements as pleadings do not permit it and no amendment was sought; even if open, discretion would not allow it due to public health considerations and lack of unconscionable conduct. Pfizer may elect between account of profits and damages inquiry for past infringements, but only damages inquiry for future infringements.

Court Disposition

Pfizer may elect account of profits or damages inquiry for past infringements; only damages inquiry for future infringements; no order for account of profits for future infringements; costs awarded to GSK UK for disclosure applications; no order as to costs for account of profits applications.

Orders

  • Pfizer may elect between account of profits and damages inquiry for past infringements.
  • Only damages inquiry permitted for future infringements.