Adrian Speck QC and Tom Jones appeared for Regeneron and Teva at the CMC in this High Court patent action.
Having sued for revocation of three Rinat patents to clear the way for the marketing of an antibody to treat osteoarthritis pain, Teva and Regeneron applied for a direction that if Rinat were to counterclaim for infringement, it must do at this stage or not at all. Rinat had counterclaim for infringement of one of the patents but not the other two. Teva and Regeneron’s argument was that Rinat was declining to do so, on one patent in particular, to prevent Teva from being able apply to join EPO opposition proceeding.
Mr Justice Birss concluded that Rinat had sufficient basis to bring a claim for infringement of one claim of the patent in question, and that Rinat should be required to do so now.