Smithkline Beecham v Generics UK Ltd [2001] EWHC 563 (Pat) (23 October 2001)

Smithkline Beecham v Generics UK Ltd [2001] EWHC 563 (Pat) (23 October 2001)

The court could not resolve the merits of validity or infringement at the interim stage; both parties would suffer unquantifiable and irreparable damage if unsuccessful; however, the patentees' potential damage was likely to be greater. The balance of convenience favoured granting the injunction to preserve the status quo until trial.

Citation
[2001] EWHC 563 (Pat)
Parties
Claimant: SmithKline Beecham; Defendant: Generics UK Ltd.
Jurisdiction
England and Wales
Judgment Date
23 October 2001
Procedural Posture
Patent Infringement / Application for Interim Injunction
Outcome
interim injunction granted
Legal Topics
Interim Injunction, Balance of Convenience, Patent Infringement, Patent Validity, Damages, Costs
Intellectual Property Patents Interim Injunction Balance of Convenience Patent Infringement Patent Validity Damages Costs

Case Brief

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Parties

SmithKline Beecham

Claimant

Generics UK Ltd.

Defendant

Procedural Posture

Patent Infringement / Application for Interim Injunction

Legal Issues

  1. 1 Whether an interim injunction should be granted to restrain alleged infringement of Patent No. 2,297,550 by Generics UK Ltd.
  2. 2 Whether damages would be an adequate remedy for either party
  3. 3 Whether the balance of convenience favours granting the injunction

Ratio Decidendi

The court could not resolve the merits of validity or infringement at the interim stage; both parties would suffer unquantifiable and irreparable damage if unsuccessful; however, the patentees' potential damage was likely to be greater. The balance of convenience favoured granting the injunction to preserve the status quo until trial.

Court Disposition

interim injunction granted

Orders

  • Generics UK Ltd. restrained by interim injunction from disposing of or offering to dispose of the allegedly infringing product pending trial
  • Costs of the application reserved to trial