Monday 28 November 2022
This is an appeal against the Order of Bacon J (19/10/22) that dealt with two claims and ordered that:
“Teva’s claim for Arrow declaratory relief in the Teva Action and Teva’s Arrow declaratory relief aspect of the counterclaim be dismissed.”
This concerned an application by Teva for what is referred to as an Arrow declaration, that its proposed acts of importing and selling generic fingolimod to treat relapsing-remitting multiple sclerosis (RRMS) at a daily dose of 0.5 mg p.o. was obvious at the priority date of European Patent EP 2 959 894 (EP 894), for which Novartis AG is the registered proprietor.