Teva UK Ltd v Chiesi Farmacutici SpA [2020] EWHC 1311 (Pat)
Patent infringement, strike out
Teva sought to revoke various patents owned by Chiesi relating to inhalers for a combination of beclomethasone and formoterol. Chiesi inferred from this that Teva was seeking to clear the way for its own generic inhalers and counterclaimed for infringement on this basis. Chiesi pressed for disclosure (alternatively a product description) in respect of Teva’s product in the usual way. Teva’s response was to apply to strike out the counterclaim on the basis there was no evidence it threatened or intended to commit an infringing act, alternatively that it was an abuse of process being advanced for a collateral objective, i.e. to have access to Teva’s commercial plans. In the alternative Teva sought to stay the infringement claim for reasons relating to competition law.
Birss J dismissed the strike out application on both grounds and dismissed the application for a stay.