BRIEF—Hogan Lovells secures victory for Acerus in litigation with Recipharm

Global law firm Hogan Lovells said today it has secured an important victory before the Commercial Court of London, UK, for its client Acerus Pharmaceuticals, a Canadian-based specialty pharmaceuticals company, against Recipharm Limited.

The proceedings in this case first commenced in June 2020 when Acerus alleged that the suspension of Recipharm’s manufacturing license in August 2018 was in contravention of its contractual obligations to Acerus and led to a shortage of Estrace (estradiol), a drug used in the treatment of the menopause, in Canada.

In a judgment made public this week, Acerus prevailed in the preliminary issue trial. In agreeing with Acerus that its claim for damages was not barred, the Commercial Court directed the matter to proceed to a full trial in the coming months. Recipharm has asked for permission to appeal the Court’s decision.

Alex Sciannaca, partner at Hogan Lovells, said: “This decision underlines the sensible and commercial approach that the English courts take towards contractual interpretation. It reminds contractual parties who seek to resist liability that they cannot take a position which defies business common sense.”

"This is an important step forward in Acerus’ effort to hold Recipharm accountable for its contractual breaches,” said Ed Gudaitis, president and chief executive of Acerus.

The full judgment is available  here.