Secretary of State for Health and others v Servier Laboratories Ltd and others

Practice – Striking out. The Chancery Division, in the course of patent proceedings, permitted the defendants (together, Servier) to make disputed amendments to their defence. It dismissed an application made by the English claimants that Servier's defence of failure to mitigate could be dismissed as having no prospect of success. Further, Servier had a reasonably arguable defence of contributory negligence.

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