Sandoz v Bayer [2025] EWHC 2533 (Pat)
Sandoz sought to amend its Points of Claim to allege that certain factual allegations (denied by Bayer) relating to how Bayer had obtained its patent, and the resulting knowledge with which it had obtained interim injunctions, were relevant to how the Court would assess Sandoz’s loss in its claim for compensatory damages under Bayer’s cross-undertakings.
Bayer opposed that amendment and applied to strike out and/or for summary judgment on the equivalent allegations in the Points of Reply.
Michael Tappin KC sitting as a Deputy Judge of the High Court refused Sandoz’s application for permission to amend and granted Bayer’s application. He held that there is no authority which supports the proposition that if Sandoz were to prove the matters it alleged, the Court would be more liberal in its assessment of Sandoz’s loss, or more willing to make assumptions or presumptions in favour of Sandoz when assessing that loss.
Kyra Nezami acted as junior counsel for Bayer.