Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd & Anor

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd & Anor

Since the interim injunction was refused on the basis that damages were an adequate remedy, and not on the merits, costs should not be reserved but awarded now, with Mylan recovering 65% of its assessed costs to reflect the issues lost.

Parties
Claimant: Neurim Pharmaceuticals (1991) Limited; Claimant: Flynn Pharma Limited; Defendant: Generics UK Limited (trading as Mylan); Defendant: Mylan UK Healthcare Limited
Jurisdiction
England and Wales
Judgment Date
08 June 2020
Procedural Posture
Patent Litigation / Costs Ruling Following Refusal of Interim Injunction
Outcome
Application for costs by Mylan granted in part
Legal Topics
Interim Injunctions, Costs, Patents
Intellectual Property Law Interim Injunctions Costs Patents

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Parties

Neurim Pharmaceuticals (1991) Limited

Claimant

Flynn Pharma Limited

Claimant

Generics UK Limited (trading as Mylan)

Defendant

Mylan UK Healthcare Limited

Defendant

Procedural Posture

Patent Litigation / Costs Ruling Following Refusal of Interim Injunction

Legal Issues

  1. 1 Whether costs should be reserved or awarded after refusal of interim injunction
  2. 2 Appropriate proportion of costs to be awarded to the successful party

Ratio Decidendi

Since the interim injunction was refused on the basis that damages were an adequate remedy, and not on the merits, costs should not be reserved but awarded now, with Mylan recovering 65% of its assessed costs to reflect the issues lost.

Court Disposition

Application for costs by Mylan granted in part

Orders

  • Mylan to recover 65% of its assessed costs, subject to detailed assessment if not agreed
  • Payment on account of costs in the amount of £80,000 ordered