Resolution Chemicals Ltd v H. Lundbeck A-S [2013] EWCA Civ 924

Summary

The Court of Appeal has upheld a decision of the High Court that Resolution was not precluded from bringing an action for revocation of Lundbeck's SPC and patent due to privity of interest with Arrow Generics, a company that had previously challenged the validity of the patent on which the SPC was based.

Background

Lundbeck hold a European Patent (the "Patent"), which is now the subject of a supplementary protection certificate (the "SPC") for escitalopram, a single enantiomer of the compound citalopram (a drug used in the treatment of depression). 

The UK counterpart of the Patent was extensively litigated unsuccessfully in 2005 by a number of generic pharmaceutical companies, including Arrow Generics Limited ("Arrow").  Before and at the time of the final judgment in the 2005 proceedings, Resolution was part of the same group of companies as Arrow.  Resolution had previously made attempts to make a generic version of escitalopram but