We reported last week in Synapse that Mr Justice Carr has been deciding the trial of Fujifilm Kyowa Kirin Biologics Co. Ltd & Anor (FKB) v AbbVie Biotechnology Ltd.

We can now report that, today, the judge has decided to award the first ‘Arrow declaration’ in the English Patents court, concerning FKB’s biosimilar of adalimumab: “I consider that, on the most unusual facts of this case, there are special reasons which support the grant of the declarations. These include AbbVie’s conduct of threatening infringement whilst abandoning proceedings at the last moment (in order to shield its patent portfolio from scrutiny); the amount of money at stake for the Claimants in terms of investment in clinical trials and potential damages if they launch at risk; and the need for commercial certainty, having regard to AbbVie’s threats to sue for infringement throughout the world.”

Please see the full judgment here