“…When the Fujifilm v AbbVie case reached trial, Henry Carr J decided to exercise his discretion to grant an Arrow declaration: [2017] EWHC 395 (Pat), [2018] RPC 1. By contrast, Birss J refused to grant an Arrow declaration in Pfizer Ltd v F. Hoffmann-La Roche AG [2019] EWHC 1520 (Pat), [2019] RPC 14. I shal…”
“…msung Bioepis: see Fujifilm Kyowa Kirin Biologics Company Limited v AbbVie Biotechnology Limited and Samsung Bioepis and another v AbbVie Biotechnology Limited [2017] EWHC 395 (Pat). Henry Carr J held that a particular dosage regimen for the claimants’ products was obvious and granted Arrow declarations. AbbVie appealed to this court solel…”