Servier successful before Henderson J in introducing defence based on the Department of Healths prescribing reimbursement practices
Servier successful before Henderson J in introducing defence based on the Department of Healths prescribing reimbursement practices We are now into the Autumn season and the Michaelmas term, which means an influx of new court judgments. This author was delighted to stumble upon the latest decision in the intriguing litigation between Secretary of State for Health and Others v Servier when browsing through the recent list of Chancery decisions ([2016] EWHC 366 (Ch)). This long running saga concerns the thorny intersection of patent rights and antitrust claims, and now - an added attraction in the form of the governments role in providing prescribing guidance to healthcare professionals, and making changes to the NHS drugs tariff for reimbursement. The IPKat was rather less enthused by the decision. Background Servier are the suppliers of the original, branded version of Perindopril, which was supplied in the UK under the...
