Leo Pharma A/S & Anor v Sandoz Ltd

Leo Pharma A/S & Anor v Sandoz Ltd

The judge did not err in principle in finding a realistic possibility of a price cut before trial, which would make damages inadequate due to incalculable loss, thus justifying the grant of an interim injunction.

Parties
Appellant: LEO PHARMA A/S & ANR; Respondent: SANDOZ LTD
Jurisdiction
England and Wales
Judgment Date
25 June 2008
Procedural Posture
Civil Appeal / Appeal From Interim Injunction Decision
Outcome
Appeal dismissed
Legal Topics
Interim Injunctions, Adequacy of Damages, Balance of Convenience, Pharmaceutical Patents
Intellectual Property Patents Interim Injunctions Adequacy of Damages Balance of Convenience Pharmaceutical Patents

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Parties

LEO PHARMA A/S & ANR

Appellant

SANDOZ LTD

Respondent

Procedural Posture

Civil Appeal / Appeal From Interim Injunction Decision

Legal Issues

  1. 1 Whether the judge erred in granting an interim injunction restraining sale of a generic pharmaceutical cream
  2. 2 Whether damages would be an adequate remedy for the patentee if the injunction was not granted
  3. 3 Whether there was a realistic possibility of a price cut before trial causing irreparable harm

Ratio Decidendi

The judge did not err in principle in finding a realistic possibility of a price cut before trial, which would make damages inadequate due to incalculable loss, thus justifying the grant of an interim injunction.

Court Disposition

Appeal dismissed

Orders

  • Interim injunction against Sandoz to remain in force