In English patent litigation an injunction is a ‘formidable weapon’ for patentees and (usually) the principal remedy sought following a successful infringement action. Preliminary injunctions (that is, injunctions pending trial) are no less formidable and have been widely (and largely successfully) sought before the Patents Court in London in brand-generic pharmaceutical disputes going back to the early 2000s. However, the injunction – both final and preliminary – and the role it plays in pharmaceutical patent disputes is not fixed; changes in both market conditions and the legal framework (not least with the advent of pan-EU remedies in the Unified Patent Court) are likely to impact on how and when injunctive relief is sought in future.
This article in Bio-Science Law Review (Volume 15, Issue 3) reviews the framework for injunctions in pharmaceutical cases, and identifies some of the key aspects of the Unified Patent Court.
Click here to review the whole PDF of the article.