Astrazeneca AB & Anor v Glenmark Pharmaceuticals Europe Limited

Astrazeneca AB & Anor v Glenmark Pharmaceuticals Europe Limited

Given certainty of multiple generic entry, rapid price competition, and real doubt as to adequacy of damages for both parties, preservation of status quo and Glenmark's failure to clear the path dictate grant of interim injunction until form of order hearing.

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 / Interlocutory Appeal Against Refusal of Interim Injunction
Outcome
Appeal allowed; interim injunction granted until conclusion of form of order hearing.
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 / Interlocutory Appeal Against Refusal of Interim Injunction

Legal Issues

  1. 1 Whether interim injunction should be granted restraining generic launch pending form of order hearing
  2. 2 Adequacy of damages as remedy for patentee and generic entrant
  3. 3 Preservation of status quo

Ratio Decidendi

Given certainty of multiple generic entry, rapid price competition, and real doubt as to adequacy of damages for both parties, preservation of status quo and Glenmark's failure to clear the path dictate grant of interim injunction until form of order hearing.

Court Disposition

Appeal allowed; interim injunction granted until conclusion of form of order hearing.

Orders

  • Glenmark restrained from marketing dapagliflozin product until FOO hearing.
  • Interim injunction to remain in force pending FOO hearing.