England and Wales Case Law

Dr Reddy’s Laboratories (UK) Limited v Boehringer Ingelheim International GmbH

Damages would not be an adequate remedy for either party due to market unpredictability, risk of further generic entry, and inability to quantify harm. Preservation of the status quo and DR's failure to clear the way for its generic launch justify granting the interim injunction sought by BI.

Source excerpt

• Patent validity
• Interim injunctions
• Spc protection
• Market exclusivity
• Generic entry
• Pharmaceutical pricing

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Merck Sharp Dohme Corp & Anor v Teva Pharma BV & Anor

The court held BMS was justified in bringing quia timet proceedings. Teva was actively considering an at-risk efavirenz launch, so a permanent injunction was granted.

• Patent infringement
• Quia timet injunction
• Interim and permanent injunctions
• Spc protection
• Generic pharmaceuticals
• Patent-infringement

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