High Court rules on expert testimony

In May 2025, the High Court of Justice delivered a crucial judgment in the case of The University of Sheffield v Kudos Pharmaceuticals Limited & Ors. This landmark decision sheds light on the intricacies of licensing agreements in the pharmaceutical sector and delineates how courts approach the admissibility of expert evidence, particularly in cases involving the interpretation of contractual terms.

The case arose from a complex collaboration that began in 2004 when the University of Sheffield entered a licensing agreement with Kudos Pharmaceuticals, allowing Kudos to develop innovations in cancer treatments using patent rights owned by the university. These rights included PARP inhibitors, a class of drugs with potential therapeutic benefits for cancer patients, which were integral to subsequent medications such as Lynparza. Tensions began to surface following Kudos's acquisition by AstraZeneca in 2006, particularly concerning the financial arrangements detailed in the broad licensing framework.

The judgment highlights a request for permission to introduce expert evidence aimed at clarifying the interpretation of "Net Lump Sum Revenues" defined in the 2004 Licence. The university proposed that expert testimony would clarify prevalent practices in pharmaceutical licensing agreements, which might assist the court in understanding not only the contractual language used but also the commercial context in which the agreement was signed.

However, the court ultimately denied the request for expert evidence. The presiding judge, Master Marsh, articulated that while expert opinions could sometimes provide valuable insights into "market practice," the specific context of the contract—drafted by skilled professionals—rendered such testimony unnecessary. The court determined that the standard lexicon within the licensing agreement could be adequately interpreted through textual analysis alone, without the complications that introducing expert opinions could bring.

Moreover, the university's claim included allegations of deceit during negotiations surrounding a 2017 agreement modifying the initial terms of payment. It was argued that the circumstances were fraught with inconsistent representations, raising significant questions about the integrity of these discussions. However, the court found that the university’s claims lacked sufficient substantiation, particularly in light of its wider efforts to interpret the contractual terms.

This ruling underscored the responsibilities of commercial partnerships within scientific and pharmaceutical arenas, where licensing agreements can dictate not only profit-sharing but also intellectual property rights critical to innovation. Furthermore, it marked a significant moment in the legal discourse surrounding the intersection of contract law and expert testimony. The decision serves as a reminder that the courts maintain strict standards regarding the admissibility of expert evidence, particularly when core issues revolve around clearly articulated contractual language that experienced judges can interpret without requiring external assistance.

In summary, The University of Sheffield v Kudos Pharmaceuticals judgment reaffirmed the primacy of contract language and the pivotal role of the courts in resolving complex legal disputes within the pharmaceutical sector. As the case evolves, its implications for future licensing negotiations and the role of expert evidence are set to resonate throughout the industry.

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