Leo Pharma A/S & Anor v Sandoz Ltd [2008] EWCA Civ 850 (25 June 2008)

Leo Pharma A/S & Anor v Sandoz Ltd [2008] EWCA Civ 850 (25 June 2008)

The judge correctly found a realistic possibility of a price cut by Sandoz, leading to incalculable and uncertain damages for Leo, making damages an inadequate remedy and justifying the interim injunction.

Citation
[2008] EWCA Civ 850
Parties
Appellant: LEO PHARMA A/S & ANR; Respondent: SANDOZ LTD
Jurisdiction
England and Wales
Judgment Date
25 June 2008
Procedural Posture
Appeal From Interim Injunction Order (patents Court, Chancery Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Interim Injunctions, Adequacy of Damages, Balance of Convenience, Patent Infringement, Generic Pharmaceuticals
Intellectual Property Patents Civil Procedure Interim Injunctions Adequacy of Damages Balance of Convenience Patent Infringement Generic Pharmaceuticals

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Parties

LEO PHARMA A/S & ANR

Appellant

SANDOZ LTD

Respondent

Procedural Posture

Appeal From Interim Injunction Order (patents Court, Chancery Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the judge erred in granting an interim injunction restraining sale of generic calcipotriol cream
  2. 2 Whether damages would be an adequate remedy for the patentee
  3. 3 Whether there was a realistic possibility of a price cut before trial causing irreparable harm

Ratio Decidendi

The judge correctly found a realistic possibility of a price cut by Sandoz, leading to incalculable and uncertain damages for Leo, making damages an inadequate remedy and justifying the interim injunction.

Court Disposition

Appeal dismissed

Orders

  • Interim injunction against Sandoz upheld