Attempt to remove party from proceedings fails

This unusual application in Teva Pharma BV & Anor v Amgen Inc & Anor [2013] EWHC 3711 (Pat) related to proceedings to revoke a European patent and a declaration that a supplementary protection certificate (SPC) based upon it (for lipegfilgrastim) would not be valid. The proceedings were issued against the company listed as proprietor on the patents register (D1), even though that company had assigned the patent (without the claimant knowing) to a related company (D2) a few weeks earlier. D1 and D2 subsequently applied for an order that D1 should cease to be a party to proceedings commenced by the claimant.

The claimant believed that D1 had damaging documents in its possession and that the motive for the assignment had been a tactical one to avoid D1 having to give disclosure. The court had to decide whether it was ‘desirable’ within the meaning of CPR 19.2(3) for D1 to cease to be a party…

If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below. 

Briefings from Taylor Wessing

View more briefings from Taylor Wessing

Analysis from The Lawyer

  • merger deal

    Corporate crunch time: who will triumph at The Lawyer Awards 2014?

    As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014. 

  • singapore orchid

    Singapore: Cash course

    The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world

View more analysis from The Lawyer

Overview

5 New Street Square
London
EC4A 3TW
UK
http://www.taylorwessing.com

Turnover (£m): 228.00
No. of lawyers: 860
Jurisdiction: UK
No. of offices: 4
No. of qualified lawyers: 67 (International 50)

Jobs