SECRETARY OF STATE FOR HEALTH v SERVIER LABORATORIES LTD

Abstract

H1 Patents — European patents — Pharmaceuticals — Generic products — Economic torts — Unlawful means — Strike out application — Necessary elements of the tort — Whether the unlawful means had to interfere with claimant’s liberty to deal with third party against whom the unlawful act relied upon had been committed — Invalid patents — Proceedings for patent infringement — Interim injunctions — Market entry of third party generic product delayed — Prices thereby maintained — Patent later invalidated — Claim struck out at first instance and decision upheld by Court of Appeal — Appeal to Supreme Court