Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd (t/a Mylan) & Anor

Neurim Pharmaceuticals (1991) Ltd & Anor v Generics UK Ltd (t/a Mylan) & Anor

Damages are an adequate remedy for Neurim and Flynn for losses arising from Mylan's generic entry, including both direct competition and subsequent market effects. The losses can be quantified based on sales and price data, and the claimants have sufficient financial resources to withstand interim harm. The balance of convenience does not favour granting an interim injunction, and third party interests (NHS) also weigh against it.

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
03 June 2020
Procedural Posture
Patent Infringement and Revocation / Interlocutory Application for Interim Injunction
Outcome
interim injunction refused
Legal Topics
Interim Injunctions, Patent Infringement, Adequacy of Damages, Balance of Convenience
Intellectual Property Patents Interim Injunctions Patent Infringement Adequacy of Damages Balance of Convenience

Case Brief

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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 Infringement and Revocation / Interlocutory Application for Interim Injunction

Legal Issues

  1. 1 Whether interim injunctive relief should be granted pending trial in a patent infringement and revocation case
  2. 2 Adequacy of damages as a remedy for the claimants if interim relief is not granted
  3. 3 Adequacy of damages for the defendants if interim relief is granted

Ratio Decidendi

Damages are an adequate remedy for Neurim and Flynn for losses arising from Mylan's generic entry, including both direct competition and subsequent market effects. The losses can be quantified based on sales and price data, and the claimants have sufficient financial resources to withstand interim harm. The balance of convenience does not favour granting an interim injunction, and third party interests (NHS) also weigh against it.

Court Disposition

interim injunction refused