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England and Wales Court of Appeal (Civil Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> AstraZeneca AB & Anor v Generics (UK) Ltd & Ors [2025] EWCA Civ 924 (21 July 2025) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2025/924.html Cite as: [2025] EWCA Civ 924 |
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ON APPEAL FROM THE HIGH COURT OF JUSTICE,
BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES,
INTELLECTUAL PROPERTY LIST (Ch),
PATENTS COURT
Strand, London, WC2A 2LL |
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B e f o r e :
LORD JUSTICE STUART-SMITH
and
LADY JUSTICE ANDREWS
____________________
| (1) ASTRAZENECA AB (2) ASTRAZENECA UK LIMITED |
Applicants |
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- and – |
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| (1) GENERICS (U.K.) LIMITED (2) TEVA PHARMACEUTICAL INDUSTRIES LIMITED AND TEVA UK LIMITED (3) GLENMARK PHARMACEUTICALS EUROPE LIMITED (4) SANDOZ LIMITED (5) BESTWAY PHARMACY NDC LIMITED |
Respondents |
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- and – |
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| SECRETARY OF STATE FOR HEALTH AND SOCIAL CARE |
Intervenor |
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Lunt and Dheemanth Vangimalla (instructed by Freshfields LLP) for the Applicants
Mark Vanhegan KC and Adam Gamsa (instructed by Taylor Wessing LLP) for Viatris
Anna Edwards-Stuart KC and Tim Austen (instructed by Pinsent Masons LLP) for Teva
James Abrahams KC (instructed by Powell Gilbert LLP) for Glenmark
Jeff Chapman KC and Simon Paul (instructed by Pinsent Masons LLP) for Sandoz and Bestway
Jonathan Moss (instructed by the Government Legal Department) for the Secretary of State for Health and Social Care
Hearing date : 16 July 2025
____________________
Crown Copyright ©
Lord Justice Arnold:
Introduction
Procedural background
"The parties should discuss with each other their respective plans with respect to an application for permission to appeal to the Supreme Court, and an application for an injunction or stay of an injunction pending the determination of that application, in advance of the hearing on 25 and 26 June 2025, and should make enquiries with the Court of Appeal List Office as to when in July 2025 any such application could be heard. Preparations should be made to enable the Court to deal with any such application in an orderly fashion."
Applicable principles
"I would summarise the principles which apply to the grant of an interim injunction pending appeal where the claimant has lost at first instance as follows. (1) The court must be satisfied that the appeal has a real prospect of success. (2) If the court is satisfied that there is a real prospect of success on appeal, it will not usually be useful to attempt to form a view as to how much stronger the prospects of appeal are, or to attempt to give weight to that view in assessing the balance of convenience. (3) It does not follow automatically from the fact that an interim injunction has or would have been granted pre-trial that an injunction pending appeal should be granted. The court must assess all the relevant circumstances following judgment, including the period of time before any appeal is likely to be heard and the balance of hardship to each party if an injunction is refused or granted. (4) The grant of an injunction is not limited to the case where its refusal would render an appeal nugatory. Such a case merely represents the extreme end of a spectrum of possible factual situations in which the injustice to one side is balanced against the injustice to the other. (5) As in the case of the stay of a permanent injunction which would otherwise be granted to a successful claimant, the court should endeavour to arrange matters so that the Court of Appeal is best able to do justice between the parties once the appeal has been heard."
Application to the present case
Lord Justice Stuart-Smith:
Lady Justice Andrews: