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Server v. Apotex [2011] EWHC 730 (Pat)

Case Summary  |  Judgment  |  29 March 2011


Andrew Lykiardopoulos acted as junior counsel for Servier in this damages enquiry on a cross-undertaking in damages. Servier successfully argued for the return of £17.5 million plus interest paid to Apotex on a cross-undertaking. The money was re-paid due to the fact that Apotex’s claim for compensation was based on manufacture in Canada which itself infringed one of Servier’s Canadian patents. This judgment is a leading authority in the application of ex turpi causa in the claims under cross-undertakings.