In a high-profile patent case, the Court of Appeal has dismissed a jurisdiction challenge brought by Eli Lilly & Company. This is the first case where the English court has accepted jurisdiction to hear claims for negative declaratory relief over non-UK designations of European patents. The Claimant, Actavis, brought claims for negative declarations in respect of the UK, French, German, Italian and Spanish designations of one of Lilly’s patent over pemetrexed disodium. Lilly disputed jurisdiction and lost before Arnold J. The Court of Appeal has upheld Arnold J’s decision, holding that Lilly had consented to service, and also that it had a place of business within the jurisdiction and so was validly served under CPR 6.9.
Thomas Raphael acted for the respondents (instructed by Bird & Bird LLP)