ASTRAZENECA AB & Anor, NOTE IN THE CAUSE (FIRST) AGAINST TEVA UK LIMITED [2017] ScotCS CSOH_150 (16 November 2017)

ASTRAZENECA AB & Anor, NOTE IN THE CAUSE (FIRST) AGAINST TEVA UK LIMITED [2017] ScotCS CSOH_150 (16 November 2017)

The court held that the pursuers have established a prima facie case for interim interdict in respect of the validity and infringement of the patents in suit. The issues of validity and infringement cannot be resolved without hearing evidence, and the balance of convenience strongly favours the grant of interim interdict to preserve the status quo and prevent irreparable harm to the pursuers.

Citation
[2017] ScotCS CSOH_150
Parties
Pursuer: AstraZeneca AB; Pursuer: AstraZeneca UK Limited; Defender: Teva UK Limited
Jurisdiction
Scotland
Judgment Date
16 November 2017
Procedural Posture
Intellectual Property (patent) Interim Interdict Application / Hearing Prior to Calling; Motion for Interim Interdict
Outcome
Interim interdict granted
Legal Topics
Patent Infringement, Interim Interdict, Inventive Step, Validity of Patents, Balance of Convenience
Intellectual Property Pharmaceutical Law Patent Infringement Interim Interdict Inventive Step Validity of Patents Balance of Convenience

Case Brief

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Parties

AstraZeneca AB

Pursuer

AstraZeneca UK Limited

Pursuer

Teva UK Limited

Defender

Procedural Posture

Intellectual Property (patent) Interim Interdict Application / Hearing Prior to Calling; Motion for Interim Interdict

Legal Issues

  1. 1 Whether the pursuers have established a prima facie case for interim interdict to restrain alleged patent infringement by the defender's launch of Fulvestrant Teva in Scotland
  2. 2 Whether the balance of convenience favours the grant of interim interdict
  3. 3 Whether the patents in suit (EP 138, EP 573, EP 195) are prima facie valid and infringed

Ratio Decidendi

The court held that the pursuers have established a prima facie case for interim interdict in respect of the validity and infringement of the patents in suit. The issues of validity and infringement cannot be resolved without hearing evidence, and the balance of convenience strongly favours the grant of interim interdict to preserve the status quo and prevent irreparable harm to the pursuers.

Court Disposition

Interim interdict granted

Orders

  • The defender, Teva UK Limited, is interdicted ad interim from launching Fulvestrant Teva in Scotland pending final judicial determination of the actions concerning the patents.