Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd (No 2) [2019] FCA 505

Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd (No 2) [2019] FCA 505

Mylan has an arguable case on appeal but not more than that; the complexity and uncertainty in assessing compensation under an undertaking as to damages if an injunction is wrongly granted outweigh the difficulties in assessing damages for infringement if the injunction is refused. The balance of convenience lies against granting interim injunctive relief; damages are an adequate remedy.

Jurisdiction
Australia
Judgment Date
11 April 2019
Procedural Posture
Application for Interim Injunctive Relief Pending Appeal / Interlocutory Application in Appeal Proceedings
Outcome
Application for interim injunctive relief dismissed.
Legal Topics
['interim Injunction' 'patent Infringement' 'patent Validity' 'balance of Convenience' 'pharmaceutical Patents']
['intellectual Property'] ['interim Injunction' 'patent Infringement' 'patent Validity' 'balance of Convenience' 'pharmaceutical Patents']

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Procedural Posture

Application for Interim Injunctive Relief Pending Appeal / Interlocutory Application in Appeal Proceedings

Legal Issues

  1. 1 ['Whether interim injunctive relief should be granted pending appeal where patents have been found invalid at trial' 'Whether appellants have an arguable case on appeal regarding patent infringement and validity' 'Whether the balance of convenience favours granting or refusing interim injunctive relief']

Ratio Decidendi

Mylan has an arguable case on appeal but not more than that; the complexity and uncertainty in assessing compensation under an undertaking as to damages if an injunction is wrongly granted outweigh the difficulties in assessing damages for infringement if the injunction is refused. The balance of convenience lies against granting interim injunctive relief; damages are an adequate remedy.

Court Disposition

Application for interim injunctive relief dismissed.

Orders

  • ["Appellants' interlocutory application dated 13 February 2019 dismissed." "Appellants to pay first respondent's costs of and incidental to the interlocutory application." 'Appeal listed for case management at 9.30 am on 6 May 2019.' 'Sun Pharma (Netherlands) B.V undertakes to pay any and all pecuniary relief...