Court Of Appeal Grants Interim Injunction Pending Appeal

A recent Court of Appeal decision has confirmed that an interim injunction can be granted even when patents have been found invalid at first instance pending appeal (Novartis AG v Hospira UK Limited [2013] EWCA Civ 583).

Novartis is the proprietor of two European patents ("the patents") relating to the treatment of osteoporosis, together with an earlier patent and supplementary protection certificate ("SPC") covering zoledronic acid and in force until 15 May 2013. Hospira, a well-known generic medicine manufacturer and supplier commenced revocation proceedings against the patents in December 2011, with the intention of marketing a generic product similar to the patents. Revocation proceedings were fixed for February 2013, and...

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