Neurim v Mylan: UK Court of Appeal denies interim injunction in face of a launch-at-risk case, but are damages really adequate?’

“As this Kat was strolling home Wednesday afternoon, he received a call from his old pal Joost Duijm. On the ball as always, Joost told me that the appeal in Neurim Pharmaceuticals v Mylan had been handed down. The Court of Appeal has upheld the decision by Marcus Smith J to deny an interim injunction against a generic company that launched at risk. Big news indeed. The UK patent courts are known across Europe, among many other things, for having developed a clear-the-way doctrine: if a generic entrant does not institute invalidity proceedings against the patent well in advance of a product launch, that is a strong argument in favour of granting an interim injunction awaiting trial and the status quo is maintained …” (more)

[Léon Dijkman, The IPKat, 26 June]

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