Les Laboratoires Servier and Another v Apotex Inc and others: CA 9 May 2008

Appeal against finding that patent was invalid for lack of novelty, but that if valid the defendant’s product would have infringed it.


Jacob, Lloyd LJJ, Baron Phillips of Worth Matravers LCJ


[2008] EWCA Civ 445




England and Wales


CitedSynthon Bv v Smithkline Beecham Plc HL 20-Oct-2005
Synthon filed an international application for a patent. Before it was published, SB filed a similar application in the UK patents registry. Synthon had applied for the UK patent granted to SB to be revoked. Jacob J had found that the reader of the . .
CitedPozzoli Spa v BDMO Sa and Another CA 22-Jun-2007
The patentee had invented a method for storing CDs. The patentee sought leave to appeal a finding that its patent was invalid, and if successful, to appeal a finding that the defendant’s apparatus was not infringing.
Held: The application for . .
Appeal fromLes Laboratoires Servier and Another v Apotex Inc and others PatC 11-Jul-2007
In a patents claim over a form of the perindopril erbumine compound, an ACE inhibitor used for treating hypertension and cardiac insufficiency, the court held that the patent had been infringed, but that it was invalid. In injunction previously . .

Cited by:

See AlsoLes Laboratoires Servier and Another v Apotex Inc and others ChD 9-Oct-2008
The claimant had alleged that the defendant was producing generic drugs which infringed its rights in a new drug. The patentee had given a cross-undertaking in damages, but the patent was later ruled invalid. The court had to assess the damages to . .
See AlsoLes Laboratoires Servier and Another v Apotex Inc and Others SC 29-Oct-2014
Ex turpi causa explained
The parties had disputed the validity a patent and the production of infringing preparations. The english patent had failed and damages were to be awarded, but a Canadian patent remained the defendant now challenged the calculation of damages for . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 14 July 2022; Ref: scu.267570