Bristol-Myers Squibb Holdings Ireland UnLtd Company v Patents Acts 1992 - 2019 (Approved) [2023] IEHC 376 (26 June 2023)

Bristol-Myers Squibb Holdings Ireland UnLtd Company v Patents Acts 1992 - 2019 (Approved) [2023] IEHC 376 (26 June 2023)

The answer to Interrogatory §5.22 was insufficient due to inherent contradiction between the answer and referenced materials, justifying an order for further response by viva voce examination. The form of the undertaking as to damages should extend to related companies of Teva, as the structure of the Teva group and...

Source-derived case information.

Citation
[2023] IEHC 376
Parties
Petitioner: Bristol-Myers Squibb Holdings Ireland Unlimited Company; Respondent: Teva (Defendant)
Jurisdiction
Ireland
Judgment Date
26 June 2023
Procedural Posture
Patent Validity and Interlocutory Applications / Interlocutory Applications Prior to Substantive Trial
Outcome
Application granted in both respects.
Legal Topics
Patent Law, Interrogatories, Injunctions, Undertaking as to Damages, Priority Right in Patents
Intellectual Property Civil Procedure Patent Law Interrogatories Injunctions Undertaking as to Damages Priority Right in Patents

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Parties

Bristol-Myers Squibb Holdings Ireland Unlimited Company

Petitioner

Teva (Defendant)

Respondent

Procedural Posture

Patent Validity and Interlocutory Applications / Interlocutory Applications Prior to Substantive Trial

Legal Issues

  1. 1 Whether the answer to Interrogatory §5.22 was insufficient and required further response under O.31, r.11 RSC
  2. 2 Whether the form of the undertaking as to damages should extend to related companies of Teva

Ratio Decidendi

The answer to Interrogatory §5.22 was insufficient due to inherent contradiction between the answer and referenced materials, justifying an order for further response by viva voce examination. The form of the undertaking as to damages should extend to related companies of Teva, as the structure of the Teva group and the nature of potential losses justify such extension to do justice between the parties.

Court Disposition

Application granted in both respects.

Orders

  • Order that BMS answer further to Interrogatory §5.22 by viva voce examination.
  • Order that the undertaking as to damages extend to Teva and its related companies as defined in the Companies Acts.