Astrazeneca AB & Anor v Glenmark Pharmaceuticals Europe Ltd [2025] EWCA Civ 480 (16 April 2025)

Astrazeneca AB & Anor v Glenmark Pharmaceuticals Europe Ltd [2025] EWCA Civ 480 (16 April 2025)

Given new evidence confirming imminent multiple generic entry and rapid price competition, there is real doubt as to adequacy of damages for both parties. The balance of convenience and risk of irremediable prejudice favour preserving the status quo by granting an interim injunction until the form of order hearing.

Citation
[2025] EWCA Civ 480
Parties
Claimant/appellant: AstraZeneca AB; Claimant/appellant: AstraZeneca UK Limited; Defendant/respondent: Glenmark Pharmaceuticals Europe Limited
Jurisdiction
England and Wales
Judgment Date
16 April 2025
Procedural Posture
Appeal / Post Interim Injunction Application, Appellate Review
Outcome
Appeal allowed
Legal Topics
Interim Injunctions, Patent Infringement, Supplementary Protection Certificates, Balance of Convenience, Adequacy of Damages
Intellectual Property Pharmaceutical Law Interim Injunctions Patent Infringement Supplementary Protection Certificates Balance of Convenience Adequacy of Damages

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Parties

AstraZeneca AB

Claimant/appellant

AstraZeneca UK Limited

Claimant/appellant

Glenmark Pharmaceuticals Europe Limited

Defendant/respondent

Procedural Posture

Appeal / Post Interim Injunction Application, Appellate Review

Legal Issues

  1. 1 Whether interim injunction should be granted pending form of order hearing in patent/SPC dispute
  2. 2 Adequacy of damages as remedy for both parties
  3. 3 Impact of multiple generic entry and price spiral

Ratio Decidendi

Given new evidence confirming imminent multiple generic entry and rapid price competition, there is real doubt as to adequacy of damages for both parties. The balance of convenience and risk of irremediable prejudice favour preserving the status quo by granting an interim injunction until the form of order hearing.

Court Disposition

Appeal allowed

Orders

  • Interim injunction granted restraining Glenmark from marketing dapagliflozin product until the form of order hearing
  • Glenmark permitted to distribute 175,000 packs to wholesalers on terms that no further sale or distribution occurs