Court Of Appeal Maintain Status Quo In Neurim V Mylan By Refusing Injunctive Relief

• Published date: 09 May 2022
• Law Firm: EIP
• Author: Myra Sae-Heng

In the latest flurry of judgments to arise from the Neurim v Mylan (now trading as Viatris) battle over Neurim's insomnia patent and Mylan's presence on the market with its generic version, we report here on the developments regarding the "Provisional Judgment," which we previously reported on here.¹On 29 March 2022, in its judgment led by Lord Justice Arnold, the Court of Appeal (i) granted Mylan permission to appeal against an order made by Mr Justice Marcus Smith on 7 March 2022; (ii) expedited the hearing of the appeal to be fixed in the weeks commencing 16 or 23 May 2022; and (iii) granted Mylan a stay of the injunction contained in Marcus Smith J's order pending the determination of the appeal.

Background

As we reported previously, Marcus Smith J provisionally determined on the papers the validity of the divisional patent EP 3 103 443 ("the Divisional") of EP 1 441 702 (the "Parent" - the initial patent in which Neurim had brought an earlier claim against Mylan for infringement (the "First Claim")). In his judgment dated 10 February 2022, the Judge found...