Dr Reddy’s & Ranbaxy & ors v Warner-Lambert [2021] EWHC 2182 (Ch)
This is the inquiry into damages arising out of the pregabalin litigation. In what is the largest such inquiry in the history of the Patents Court, several generic pharmaceutical manufacturers, and the NHS, each seek compensation for damages caused by Warner Lambert’s various interim injunctions, agreements, and groundless threats occurring prior to the Supreme Court’s decision on liability.
In this preliminary issue trial, the Court held that the inquiry will, in principle, proceed on the basis of a single hypothetical ‘counterfactual’ in which it is assumed that none of the interim injunctions, agreements or threats were ever made, but that the patent was not known to be invalid. It is, however, open to Warner Lambert to agree alternative specific facts with any individual inquiry claimant, but any such agreement will not be binding upon other inquiry claimants.
Brian Nicholson QC and Christopher Hall represent Dr Reddy’s.
Benet Brandreth QC represents Ranbaxy.