Justin Turner KC represented Claimants (“Teva”) seeking an Arrow declaration in relation to fingolimod to treat relapsing-remitting multiple sclerosis at a particular dosage in order to clear out of the way a patent belonging to the Defendant (“Novartis”). After the proceedings commenced but before trial, Novartis withdrew the UK designation of its European patent.
Bacon J refused to grant an Arrow declaration, finding that the there was no evidence of uncertainty on the market and that the only purpose of the declaration was to influence foreign courts. Bacon J stated that the likely impact of foreign court decisions on the supply of fingolimod to the UK did not provide compelling justification for the grant of a declaration. Permission to appeal has been granted by the Court of Appeal.