Biogen International GmbH v Pharmacor Pty Ltd [2021] FCA 1591

Biogen International GmbH v Pharmacor Pty Ltd [2021] FCA 1591

Biogen did not establish a prima facie case for infringement of valid claims due to the sufficiently strong prospect that the extension of term had been wrongly granted; balance of convenience factors, particularly imminent launch of Vumerity and comparable complexity in quantifying loss either way, weighed against granting the interlocutory injunction. Application for injunction dismissed.

Jurisdiction
Australia
Judgment Date
16 December 2021
Procedural Posture
Interlocutory Application for Injunction in Patent Infringement Proceedings / Determination of Interlocutory (interim) Injunction; Orders Made and Reasons Given
Outcome
Application for interlocutory injunction dismissed; applicants to pay respondent’s costs.
Legal Topics
['interlocutory Injunctions' 'patent Term Extension' 'patent Validity' 'misleading and Deceptive Conduct' 'balance of Convenience' 'quantification of Damages']
['intellectual Property Law' 'pharmaceutical Law' 'civil Procedure'] ['interlocutory Injunctions' 'patent Term Extension' 'patent Validity' 'misleading and Deceptive Conduct' 'balance of Convenience' 'quantification of Damages']

Case Brief

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Procedural Posture

Interlocutory Application for Injunction in Patent Infringement Proceedings / Determination of Interlocutory (interim) Injunction; Orders Made and Reasons Given

Legal Issues

  1. 1 ['Whether the applicants are entitled to interlocutory injunction against Pharmacor to restrain launch of dimethyl fumarate products' 'Whether the asserted claims of the patent are valid including patent term extension' 'Whether the balance of convenience favours granting or refusing the injunction' 'Whether damages would be an adequate remedy for Biogen if injunction refused' 'Whether Pharmacor would suffer irreparable harm if restrained and later allowed']

Ratio Decidendi

Biogen did not establish a prima facie case for infringement of valid claims due to the sufficiently strong prospect that the extension of term had been wrongly granted; balance of convenience factors, particularly imminent launch of Vumerity and comparable complexity in quantifying loss either way, weighed against granting the interlocutory injunction. Application for injunction dismissed.

Court Disposition

Application for interlocutory injunction dismissed; applicants to pay respondent’s costs.

Orders

  • ["Applicant's interlocutory application dismissed." 'Time for filing application for leave to appeal from these orders extended to 31 January 2022.' "Applicants to pay respondent's costs of this application."]