Neurim v Mylan: Take Two

Published date20 August 2021
Law FirmMarks & Clerk
AuthorMr Ian Turner

Last time we were writing about the Neurim v Mylan battle concerning Circadin ("Going out with a Bang, what a difference 2 days makes") it was Mylan with the upper hand ([2021] EWHC 530 (Pat)). Neurim had been successful in the UK trial ([2020] EWHC 3270 (Pat)) but then lost that patent at the EPO by withdrawing their appeal (following negative indications at the oral proceedings). Fast-forward to a busy last week of court term and Mr Justice Mellor (in a judgment dated 2 August 2021) has given Neurim a fighting chance of obtaining an injunction against Mylan by agreeing that Neurim can have an expedited preliminary issue trial ([2021] EWHC 2198 (Pat)).

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