AstraZeneca AB and another (Respondents) v Teva Pharmaceutical Industries Limited and another (Appellants)

Case summary

Case ID

UKSC/2025/0146

Parties

Appellant(s)

Teva Pharmaceutical Industries Limited

Teva UK Limited

Respondent(s)

AstraZeneca AB

AstraZeneca UK Limited

Issue

The Court of Appeal concluded that AstraZeneca’s patent on a drug was invalid and that there was no prospect of AstraZeneca successfully appealing to the Supreme Court. Did the Court of Appeal err in nonetheless granting AstraZeneca a ‘holdover injunction’ preventing the sale of generic versions of the drug for 14 days while AstraZeneca applied to the Supreme Court?

Facts

AstraZeneca (the Respondent) held a patent in respect of an important drug, dapagliflozin. Several manufacturers of generic medicines, including Teva (the second Appellant), concluded that AstraZeneca’s patent was invalid and commenced proceedings to challenge it. Sandoz (the first Appellant) subsequently joined these proceedings. Pending the outcome of these proceedings, AstraZeneca obtained interim injunctions to prevent the sale of generic dapagliflozin. The High Court and the Court of Appeal both held that AstraZeneca’s patent was invalid. The Court of Appeal denied AstraZeneca leave to appeal to the Supreme Court on the basis that there was no arguable point of law on which an appeal could succeed. AstraZeneca applied for an injunction to prevent the sale of generic dapagliflozin for at least a further three months while the Supreme Court decided whether to grant permission to appeal. The Court of Appeal declined to make this injunction but granted AstraZeneca a shorter 14-day injunction. The purpose of this 14-day injunction was to allow AstraZeneca to urgently apply to the Supreme Court for a further injunction preventing the sale of generic dapagliflozin whilst AstraZeneca appealed to the Supreme Court. Teva and Sandoz challenge the Court of Appeal’s decision to make this 14-day injunction. On 23 July 2025, AstraZeneca applied to the Supreme Court for permission to appeal. On 28 July, the Supreme Court granted AstraZeneca an injunction pending determination of its application for permission to appeal. On 31 July, the Supreme Court refused AstraZeneca permission to appeal. AstraZeneca’s injunction therefore lapsed and the sale of generic dapagliflozin is now permitted in the UK.

Date of issue

14 August 2025

Case origin

PTA

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