Sandoz v Bayer [2025] EWHC 2201 (Pat)
Sandoz brought a claim for an account of profits in reliance on Bayer’s cross-undertaking given at the time of obtaining interim injunctions. It relied on the principle established in Attorney General v Blake that an account of profits may be available for breach of contract in exceptional circumstances.
Bayer successfully applied to strike out and/or for reverse summary judgment on Sandoz’s claim to an account of profits. Michael Tappin KC (sitting as a Deputy Judge of the High Court) held that a correct construction of the cross-undertaking given by Bayer was that Bayer undertook to comply with any order the Court might make to compensate Sandoz for loss it had suffered as a result of the injunction. Bayer was not undertaking to disgorge profits it made as a result of the injunctions.
Kyra Nezami acted as junior counsel for Bayer.