Upjohn Company v T Kerfoot & Company Ltd

JurisdictionEngland & Wales
Date1988
Year1988
CourtChancery Division
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10 cases
  • Pearce v Ove Arup Partnership Ltd
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 21 Enero 1999
    ...the claim is as much based on speculation and surmise as the claims that were struck out in The Upjohn Company v. T. Kerfoot & Co. Ltd [1988] F.S.R. 1, A-Z Couriers Ltd v. Comspec Computer Software Ltd (unreported, November 9, 1988) and AM Computer Technology Ltd v. 4-Sight Ltd (reported, J......
  • Merck Sharp Dohme Corporation and Another v Teva Pharma BV and Another
    • United Kingdom
    • Chancery Division (Patents Court)
    • 15 Marzo 2012
    ...obtaining a marketing authorisation is not an infringement of BMS's patent rights. That has been the position in the UK since at least Upjohn v Kerfoot [1988] FSR 1 and was made clear by the amendment to the Patents Act 1977 to insert s60(5)(i) in order to comply with the Medicines Directiv......
  • South African Druggists Ltd v Bayer Ag
    • South Africa
    • Invalid date
    ...at 75, 82. As to whether the delay was prejudicial to anybody, see Frearson v Loe (1878) 9 ChD 48 at 66 - 7; Upjohn Co v T Kerfoot & Co Ltd 1988 FSR 1; Burrell (op cit at para 5.6); Terrell (op cit at para 6.25); Monsanto Co v Stauffer Chemicals 1988 FSR 57. As to whether the reasons for th......
  • Arsenal Football Club Plc and Others v Elite Sports Distribution Ltd
    • United Kingdom
    • Chancery Division
    • 10 Diciembre 2002
    ...stage when to strike out - Civil Procedure Rules, r. 31 - RCA v Pollard [1982] 3 All ER 771 -Upjohn Pharmaceuticals inc. v Kerfoot [1988] FSR 1 at 6 - Norwich Pharmacal Company v Commissioners of Customs and Excise [1974] AC 133 - Competition Act 1998Disclosure might reveal substance of cas......
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