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

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 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.

The case re-enforces the narrow scope of privity of interest and provides a useful re-statement of the test to be applied when assessing whether there is privity of interest between a new party and a party to previous proceedings, so as to prevent the new party litigating the same matter.

For a more detailed discussion of this decision, please click here.