Wednesday 12 October 2022
By Appellant’s Notice filed on 19 2022 the Defendants appeal the Order of Mr Ian Karet (sitting as a Deputy Judge of the High Court) dated 11 May 2022.
The Claimant (“Otsuka”) is a Japanese pharmaceutical company involved in the research and development of healthcare products. The Defendants (“GW Pharma” and “GW Pharmaceuticals”, together “GW”) are two English companies which undertake research, development and manufacture in the UK of pharmaceutical preparations including cannabinoids. The parties are in dispute over a patent licence. The Agreement is governed by New York law and GW have commenced competing proceedings in New York. The Defendants applied in the English court under CPR Part 11 contesting jurisdiction. The issue before the court is whether this court has jurisdiction to hear a dispute about a patent licence in circumstances where the licensee has indicated it will challenge the validity of licensed patents granted outside the UK.