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news.A court of appeal has granted Abbott Laboratories permission to appeal the recent judgment in favor of UK biopharmaceutical firm Cambridge Antibody Technology in the two companies' ongoing Humira legal action.
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In December 2004, the High Court in London ruled in favor of CAT in the suit regarding royalties of the arthritis drug Humira. However, the Rt Hon Lord Justice Jacob, in the Court of Appeal, Civil Division, has now granted Abbott permission to appeal the December ruling.
In the Order from the Court of Appeal, the reasons for the decision are stated as follows: “The points raised in [Abbott’s] notice of appeal (there is no separate skeleton argument) appear, just, to raise a real prospect of success and the commercial importance of the agreements is sufficient in the circumstances to provide a compelling reason for an appeal.”
In line with the civil procedure rules that govern court procedures, permission to appeal is given when the Court either considers the appeal to have a real prospect of success or considers there to be another compelling reason why the appeal should be heard.