UK Litigation19 Oct 2018 21:29
Following the initiation of revocation proceedings by the appellants (GSK), the respondent (Vectura) counterclaimed for infringement of five patents relating to the delivery of drugs by inhalation.
GSK, who market such products for the treatment of chronic obstructive pulmonary disease and asthma under the brand name Ellipta, say that their products do not infringe and/or that the patents are invalid.
A dispute arose as to whether GSK can claim in addition a declaration that their Ellipta products were old or obvious at a particular date. Such a declaration, which has become known as an Arrow declaration after Arrow Generics Limited v Merck & Co Limited [2007] EWHC 1900 (Pat), would, it is said, provide protection against allegations of infringement by Vectura of as yet ungranted patents.
The judge (HHJ Hacon sitting as a High Court judge) struck out the claim for the Arrow declaration on the grounds that there was no prospect of the court granting it on the facts of this case as they presently appeared, or as they might emerge at the trial. GSK appeals, arguing that the judge should have let the claim go to trial, to be decided alongside the other issues.
However GSK appealed the ruling striking out the clam and presented additional evidence, it won that appeal which was heard on 12th of June.
Consequently everything is still 'in play' and the action on all these issues is proceeding to High Court in November.
As I've previously posted... hundreds (sometimes thousands ) of trades are being recorded at below the closing bid in the after hours UT auction, it has the obvious aim of keeping the sp on the floor... and its been going on since the start of this year. The trading patterns prove its algobot trading, but unfortunately... (I believe instigated by GSK but obviously no proof) and although there has been much debate about the practise of electronic algorithm trading it's not yet been ruled as illegal.
If VEC win in court (or even if they don't) it should hopefully stop... and the sp will be allowed to resume a normal trading level based on its fundemantals