Patents - Teva UK Ltd v Chiesi Farmaceutici SpA
Wikip2011 / CC BY-SA (https://creativecommons.org/licenses/by-sa/3.0) Jane Lambert Patents Court (Mr Justice Birss) Teva UK Ltd v Chiesi Farmaceutici SpA [2020] EWHC 1311 (Pat) (2 June 2020) This was an application by the claimant, Teva UK Ltd ("Teva") to strike out or stay a counterclaim by the defendant, Chiesi Farmaceutici SpA ("Chiesi") for an injunction to restrain the infringement of certain patents that Teva had sought to revoke. Teva argued that the counterclaim had no real prospect of success because there was no evidence that Teva threatened or intended to infringe any of the patents in suit. Alternatively, Teva argued that the counterclaim should be stayed on the ground that the disclosure of a product description for the purpose of the litigation would mount to a concerted practice within the meaning of art 101 of the Treaty on the Functioning of the European Union ("TFEU") and/or s,2 of the Competition Act 1998. The ...