How important is the export value of a UK decision? Arrow and expedition

In the recent expedition application in Dräxlmaier v Bos , Mr Justice Mellor sitting in the UK Patents Court has confirmed that the answer is not very, assuming that the export value of the UK decision is the only issue supporting an application for expedition. 

In that case, the German injunction gap (arising from bifurcation, meaning that infringement may be determined before a validity decision is handed down) was not in play as both UK and German proceedings related to infringement only.

The issue of export value was also a consideration in a recent Arrow case, involving Teva and Novartis. In refusing Arrow relief, Bacon J considered that (among other factors) while a UK reasoned judgment on obviousness would be “of interest” in at least one other jurisdiction, it was not sufficient to justify the relief claimed. Unlike Fujifilm v AbbVie, Novartis had taken steps which meant that there was no uncertainty around the availability of generic fingolimod in the UK market.