The England & Wales High Court rules that complying with a court-ordered disclosure in patent infringement proceedings between pharmaceutical companies does not breach competition law (Teva / Chiesi)

On 2 June 2020, the UK High Court delivered a judgment in a case pitting pharmaceutical companies Teva UK Limited (“Teva”) against Chiesi Farmaceutici (“Chiesi”) in which Mr Justice Birss ruled that complying with a court-ordered disclosure in patent infringement proceedings does not breach Article 101 of the Treaty on the Functioning of the European Union (“TFEU”) and the equivalent provisions of the UK Competition Act. In October 2019, Teva brought an action against Chiesi seeking to have three patents held by Chiesi over asthma treatments