Neurim Pharmaceuticals (1991) Limited & Anor. v Generics (UK) Limited & Anor.

Neurim Pharmaceuticals (1991) Limited & Anor. v Generics (UK) Limited & Anor.

A stay of the injunction pending appeal was granted because damages would not be an adequate remedy for Mylan if the appeal succeeded, the risk of uncompensatable loss to Mylan was greater, and preservation of the status quo favoured granting the stay. Permission to appeal was also granted as Mylan's grounds had a real prospect of success.

Parties
Claimant/respondent: Neurim Pharmaceuticals (1991) Limited; Claimant/respondent: Flynn Pharma Limited; Defendant/appellant: Generics (UK) Limited; Defendant/appellant: Viatris UK Healthcare Limited
Jurisdiction
England and Wales
Judgment Date
29 March 2022
Procedural Posture
Civil Appeal / Court of Appeal Application for Stay Pending Appeal and Permission to Appeal
Outcome
Stay of injunction pending appeal granted; permission to appeal granted; appeal expedited.
Legal Topics
Stay of Injunction Pending Appeal, Patent Infringement, Adequacy of Damages, Preservation of Status Quo
Intellectual Property Patents Stay of Injunction Pending Appeal Patent Infringement Adequacy of Damages Preservation of Status Quo

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Neurim Pharmaceuticals (1991) Limited

Claimant/respondent

Flynn Pharma Limited

Claimant/respondent

Generics (UK) Limited

Defendant/appellant

Viatris UK Healthcare Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Application for Stay Pending Appeal and Permission to Appeal

Legal Issues

  1. 1 Whether a stay of injunction pending appeal should be granted
  2. 2 Whether permission to appeal should be granted on the lay-patient argument
  3. 3 Whether damages are an adequate remedy for either party

Ratio Decidendi

A stay of the injunction pending appeal was granted because damages would not be an adequate remedy for Mylan if the appeal succeeded, the risk of uncompensatable loss to Mylan was greater, and preservation of the status quo favoured granting the stay. Permission to appeal was also granted as Mylan's grounds had a real prospect of success.

Court Disposition

Stay of injunction pending appeal granted; permission to appeal granted; appeal expedited.

Orders

  • Stay of the injunction against Mylan pending determination of the appeal.
  • Appeal to be expedited to be heard before expiry of the patent.