Mylan Health Pty Ltd v Cipla Australia Pty Ltd [2019] FCA 506

Mylan Health Pty Ltd v Cipla Australia Pty Ltd [2019] FCA 506

The balance of convenience does not favour granting interim injunctive relief where the patents have been found invalid at trial, the appeal presents only an arguable case, and there is no evidence that the respondent is unable to meet a damages award; therefore, the application for interim relief against Cipla is dismissed.

Jurisdiction
Australia
Judgment Date
11 April 2019
Procedural Posture
Application for Interim Injunctive Relief / Interlocutory (interim Injunction)
Outcome
Application for interim injunctive relief dismissed
Legal Topics
['interim Injunctive Relief' 'patent Infringement' 'balance of Convenience']
['intellectual Property' 'patents'] ['interim Injunctive Relief' 'patent Infringement' 'balance of Convenience']

Case Brief

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Procedural Posture

Application for Interim Injunctive Relief / Interlocutory (interim Injunction)

Legal Issues

  1. 1 ['Whether interim injunctive relief should be granted pending appeal where patent found invalid at trial']

Ratio Decidendi

The balance of convenience does not favour granting interim injunctive relief where the patents have been found invalid at trial, the appeal presents only an arguable case, and there is no evidence that the respondent is unable to meet a damages award; therefore, the application for interim relief against Cipla is dismissed.

Court Disposition

Application for interim injunctive relief dismissed

Orders

  • ["The applicants' application for interim injunctive relief against the first respondent be dismissed." "The applicants pay the respondent's costs of the application." 'The proceeding be listed for case management at 9.30 am on 6 May 2019.']