Allens Arthur Robinson - Interlocutory injunctions in pharmaceutical cases

Interlocutory injunctions in pharmaceutical cases - Sarah Matheson, Partner and Jacky Mandelbaum, Senior Associate, reports on the Merck and Co Inc v GenRx Pty Ltd [2006] FCA 1407:

  • “A recent decision shows the Federal Court’s willingness to grant interlocutory injunctions preventing infringement of pharmaceutical patents pending trial.”
  • “This may indicate a trend in the court’s approach, in favour of patentees, following the grant of an interlocutory injunction in another pharmaceutical patent case in the Federal Court in 2005.”

As Sarah Matheson and Jacky Mandelbaum point out, the Australian courts have traditionally been reluctant to grant interlocutory injunctions in pharmaceutical patent cases.

  • “Central to the decision on the balance of convenience was the fact that despite its awareness of the patent, GenRx had proceeded to make commercial arrangements to import the GenRX products, in the knowledge that unless the patent was found invalid its conduct would infringe the patent.”
  • “Yet, GenRX had not instituted revocation proceedings. the Court held that GenRX could not complain that it would suffer loss as a result of being restrained from putting into place the commercial arrangements, as GenRX had placed itself in that position ‘deliberately and knowingly’ with its ‘eyes wide open’ to the possible consequences.”

Link to Allens Arthur Robinson article


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Published:
16.01.07
Category:
Patents