Richard Meade QC and Thomas Jones appeared for the Claimant, Pfizer, and Andrew Lykiardopoulos QC and Mark Chacksfield QC appeared for the Defendant, Roche, in a case concerning Arrow relief in circumstances where no UK Patent could grant by reason of dedesignations. The case concerned Pfizer’s proposed launch of a biosimilar containing bevacizumab to be used in the treatment of cancers. The product was to be imported to the UK via countries where patent protection existed or could exist.
The court found that the declarations sought would serve no useful purpose. In particular the court considered that in the circumstances of the case, utility in foreign proceedings was not sufficient to justify the relief sought.