Neurim Pharmaceuticals (1991) Limited & Anor. v Teva UK Limited

Neurim Pharmaceuticals (1991) Limited & Anor. v Teva UK Limited

Damages will be an adequate remedy for the Claimants pre-expiry but not post-expiry; damages will not be an adequate remedy for Teva either pre- or post-expiry due to greater uncertainties. The balance of risk of injustice favours Teva. Status quo at date of application notice includes Teva's established market presence. Interim injunctive relief is refused.

Parties
First Claimant: Neurim Pharmaceuticals (1991) Limited; Second Claimant: Flynn Pharma Limited; Defendant: Teva UK Limited
Jurisdiction
England and Wales
Judgment Date
26 April 2022
Procedural Posture
Patent Infringement / Interim Injunction Application
Outcome
Interim injunction refused
Legal Topics
Interim Injunctions, Patent Infringement, Adequacy of Damages, Balance of Convenience, Status Quo, Price Spiral, Generic Pharmaceuticals
Intellectual Property Pharmaceutical Law Interim Injunctions Patent Infringement Adequacy of Damages Balance of Convenience Status Quo Price Spiral +1 more

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Parties

Neurim Pharmaceuticals (1991) Limited

First Claimant

Flynn Pharma Limited

Second Claimant

Teva UK Limited

Defendant

Procedural Posture

Patent Infringement / Interim Injunction Application

Legal Issues

  1. 1 Whether interim injunctive relief should be granted against Teva UK Limited to restrain sale of generic melatonin pending trial or expiry of patent
  2. 2 Adequacy of damages for both parties
  3. 3 Risk of downward price spiral in pharmaceutical market

Ratio Decidendi

Damages will be an adequate remedy for the Claimants pre-expiry but not post-expiry; damages will not be an adequate remedy for Teva either pre- or post-expiry due to greater uncertainties. The balance of risk of injustice favours Teva. Status quo at date of application notice includes Teva's established market presence. Interim injunctive relief is refused.

Court Disposition

Interim injunction refused

Orders

  • Application for interim injunctive relief against Teva UK Limited is dismissed.
  • Teva UK Limited remains on the market pending trial or expiry of patent.