On 12 February 2016, Arnold J gave judgement on the trial of the remitted issues in Actavis v Eli Lilly. In this multi-billion pound, multi-jurisdictional patent action, Thomas Raphael QC has been acting for Actavis as part of a multi-disciplinary team. His special responsibility has been the issues of private international law and commercial law that arose.
In his remission judgment, Arnold J found in favour of Actavis, concluding that Actavis’ pemetrexed diacid, dipotassium and ditromethamine products would not infringe the patent for “pemetrexed disodium” if their instructions prescribed dilution in dextrose rather than saline. He also held that Actavis was not precluded from launching by collateral letters which created no contracts or estoppels that could bind Actavis.