Teva Pharma BV & Anor v Amgen, Inc & Anor  EWHC 3711 (Pat)
The High Court has refused to remove from patent proceedings the original owner of the patent in suit (which had assigned the UK designation of the patent, but no other European equivalent patent).
European Patent No. 1 482 046 ("046") and European Patent No. 2 345 724 (“724”) are both part of a complicated family of European patents and patent applications, all of which claim the same priority from a US Patent Application. The claims of 046 are similar, albeit not identical, to those of 724.
Prior to 13 August 2013, all of the patents and applications in this family, and their counterparts worldwide, were owned by Amgen, Inc. (“AI”).
The UK designation of 046 ("046 (UK)") lapsed on 31 July 2013 because the renewal fee had not been paid by AI. On 13 August 2013 AI assigned 724 to Amgen Manufacturing Ltd ("AML"), a company incorporated in Bermuda wholly-owned by AI. On 14 August 2013 AI applied for a preliminary injunction against Teva in Germany for threatened infringement of the German designation of 046 ("046 (DE)").
On 19 September 2013 Teva brought a claim against AI for revocation of the UK designation of 724 (“724 (UK)”) ("the Revocation Claim").