Warner-Lambert Company LLC v Actavis Group PTC EHF, Actavis UK Ltd, Caduceus Pharma Ltd, Patents Court, 21 January 2015,  EWHC 72 (Pat), Arnold J
The English Patents Court has refused an application made by Warner-Lambert for interim relief in respect of Actavis’ generic pregabalin medicine known as Lecaent. Pregabalin is the active ingredient in Warner-Lambert’s Lyrica medicine which is authorised to treat several conditions. Compound patent protection for pregabalin expired in 2013 but Warner-Lambert has a second medical use patent with Swiss-form claims to the treatment of pain. Arnold J refused to order the interim relief requested by Warner-Lambert on the grounds that: (i) Warner-Lambert did not have an arguable case of infringement by Actavis of its pain patent and (ii) even if there was an arguable case of infringement, he would not have granted an interim injunction on the balance of the risk of injustice.