We advised Pharmacina Limited in a commercial litigation claim against Californian based Visioncare Ophthalmic Technologies Inc.
Pharmacina is a medical devices distributor based in the UK, specialising in the registration, marketing and distribution of pharmaceutical, healthcare and life sciences products in the Middle East and North Africa (MENA) region. Visioncare is a manufacturer of ophthalmic devices designed to improve vision in individuals with untreatable retinal disorders.
The claim came about after Visioncare’s repudiatory breach of a five year exclusive distributor contract for 14 MENA countries. We were instructed after the issue of protective proceedings to prepare, issue and serve proceedings out of the jurisdiction (in California) and permission was granted from the court. There were also contractual provisions relating to rights contingent upon the United States Office for Foreign Assets Control (OFAC) granting licences to permit Visioncare to sell products to Pharmacina for onward sale to a hospital in Iran (Iran being the subject of US sanctions).
