Court of Appeal
Teva UK Ltd and another
v
Novartis AG
Novartis AG and another
v
Teva UK Ltd and others
[2022] EWCA Civ 1617
2022 Nov 28;Dec 8
Arnold, Nugee LJJ, Sir Christopher Floyd
PatentRemedyDeclarationGeneric pharmaceutical company seeking declaration as to obviousness of product at priority date of pending patent applicationPatent proprietor removing UK designationGenerics company nonetheless maintaining action with intention of relying on declaration to resist injunction proceedings in foreign countriesWhether proper to make declaration solely for purpose of influencing foreign court’s decision on issue governed by its national law
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