You are here

(1) Pfizer Ltd (2) Pfizer Corporation v (1) Dainippon Sumitomo Pharma Co Ltd (2) Sumitomo Chemical Co Ltd

The advantages of proceeding in England in relation to a dispute concerning a contract subject to an English law clause were outweighed by other factors and, in the circumstances, it had not been shown that England was the more appropriate forum for the trial of the issues in the proceedings.

30 June 2006

The defendants (D) applied for an order against the claimants (P) that service of the claim form be set aside and that the order granting permission to serve the proceedings on D in Japan be set aside, on the ground that the service and continued prosecution of the proceedings were vexatious and that England was not the most appropriate forum for the determination of the dispute. D were Japanese registered corporations. The second defendant was the parent of the first defendant (X) and X was the surviving company following a merger with a third company (S). P controlled the intellectual property rights in relation to a medicinal product used for the treatment of hypertension. P and S had entered into a licence agreement to manufacture and sell the product. The effect of the merger arrangements between S and X was that the surviving entity, X, acquired all the rights and obligations of the dissolving company by succession. However, P argued that X had not succeeded to S’s rights un...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.