English High Court allows Servier to re-amend competition defence against NHS
13-10-2016
NHS should finance HIV treatment PrEP, English High Court rules
02-08-2016
marbury / Shutterstock.com
The latest episode in the long-running dispute between the NHS and French pharmaceutical company Servier has been marked by a UK Supreme Court judgment of July 2, 2021 on Servier’s application to strike out the NHS’s unlawful means tort claim.
In this article, we summarise the Supreme Court’s judgment which upholds the lower courts’ decisions in refusing to allow the NHS to avail itself of the tort of unlawful means against Servier, and we comment on the reasoning of the Supreme Court.
Background
Servier, a pharmaceutical company headquartered in France, develops and manufactures perindopril, which is used in the treatment of cardiovascular diseases. In 2001, Servier applied to the European Patent Office (EPO) for a patent for the alpha crystalline form of perindopril (European Patent UK 1,296,947). The patent was granted by the EPO in 2004 and upheld by the Opposition Division of the European Patent Office (EPO) in 2006.
You need a subscription to continue reading this content.
Start a subscription today to access the LSIPR website.
To access the full archive, digital magazines and special reports you will need to take out a paid subscription.
If you have already subscribed please login.
If you have any technical issues please email tech support.
For access to the complete website, archive, and to receive print publications, choose '12 MONTH SUBSCRIPTION'. For a free, two-week trial with full access, select ‘TWO WEEK FREE TRIAL’.
NHS, Servier, tort claim, UK Supreme Court, EPO, generics, patent application, plaintiff, fraud, IP
