Amgen v Sanofi [2020] EWHC 2818 (Pat)
This hearing involved an application by the defendants to lift a stay of proceedings that had been agreed between the parties in what the judge called a “quasi-Tomlin order”. The stay been agreed pending a decision of the EPO, but it allowed the parties to apply to lift the stay in certain circumstances. The final decision of the EPO was imminent at the time the defendants applied to lift the stay. The claimant accordingly resisted the application, saying that the defendants ought to be bound by the outcome of the EPO. The judge held that the stay was subject to a contractual permission in favour of both parties under which it could be lifted by the giving of notice.
Hugo Cuddigan QC acted for the successful defendants