Pfizer fails to limit scope of damages in Lyrica damages inquiry (Dr Reddy’s v Warner-Lambert)

Article summary

IP analysis: Warner-Lambert (a Pfizer subsidiary) has failed in its attempt to overturn the High Court’s refusal to allow it to amend its defence in an inquiry as to damages pursuant to cross-undertakings given by Warner-Lambert to argue for a limitation on the scope of damages. The effect of Warner-Lambert’s proposed amendments was to contend for the exclusion of damages attributable to the sale of pregabalin products which would have been used to treat inflammatory pain as against National Health Service (NHS) Scotland and Dr Reddy’s. The Court of Appeal held that one of the contentions was wrong in law and the other had no reasonable prospect of success and, in any event, it was an abuse of process for it to be advanced now. The decision provides useful guidance on matters that may, or may not be, relevant when assessing damages under cross-undertakings given to secure the grant of interim relief. Written by Paul Abbott, senior...