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English Patents Court revisits the clearing the way principle in preliminary injunction applications
  • Matheson
  • Ireland, United Kingdom
  • March 15 2011

In the recent English case of Cephalon Inc. and others v Orchid Europe Ltd and others (2010), Mr Justice Floyd of the Patents Court revisited the “clearing the way” principle in cases where there is a threatened launch of a generic product onto the marketplace


Mental health, taking of blood samples without patient consent
  • Matheson
  • Ireland
  • February 1 2012

Mr Justice MacMenamin in his judgement dated 26 July 2011, held that the taking of blood samples by doctors treating a woman suffering from severe mental illness was lawful, despite her failure to give consent


BUPA loses Irish state aid appeal
  • Shepherd and Wedderburn LLP
  • European Union, Ireland
  • February 29 2008

On 12 February, the Court of First Instance (CFI) issued its judgment in Case T-28903, dismissing an application by BUPA to annul a decision of the European Commission (the Commission) in respect of a risk equalisation system for the private medical insurance sector in Ireland


Liability at common law of a parent company to an employee of its subsidiary
  • A&L Goodbody
  • Ireland, United Kingdom
  • September 20 2011

In a recent UK High Court case a parent company was held to owe a duty of care to an employee of a subsidiary company, where the employee had been exposed to asbestos and subsequently suffered asbestosis, in circumstances where the subsidiary company was no longer in existence


Interim injunctions and the pharmaceutical industry in Ireland
  • Matheson
  • Ireland
  • February 4 2011

The launch of a generic product onto the marketplace in competition with a patented pharmaceutical product can have devastating effects on an originator company's market position and pricing strategy


Cost cutting in medical negligence claims
  • Matheson
  • Ireland
  • September 29 2011

Fine Gael have proposed a Medical Injuries Board (“MIB”), modelled on the Injuries Board, to reduce the costs associated with long-running medical negligence cases and also to reduce the value of the awards involved in such cases


Will Marie Fleming right-to-die case live on?
  • Matheson
  • Ireland
  • August 21 2013

Marie Fleming's challenge under Irish law to the ban on assisted suicide came to an end on April 29 2013. The Supreme Court sympathised with the


Will Ireland outstrip UK’s reputation as a patent “graveyard”?
  • Winston & Strawn LLP
  • United Kingdom, Ireland
  • September 1 2011

In November 2010, Mr Justice Arnold, one of the three specialist judges in the Patents Court in London, held three Medinol patents not to be infringed by Abbott Laboratories’ coronary stents


Molly Sengupta v HSE (UD 19092009)
  • Matheson
  • Ireland
  • July 6 2011

The claimant was employed on a temporary specified-purpose contract to replace a Senior Medical Officer (SMO) who had taken a four year career break


Short Note: foreign teenagers, medical treatment and the inherent jurisdiction
  • 39 Essex Chambers
  • European Union, Ireland, United Kingdom
  • April 13 2016

In Re Z 2016 EWHC 784 (Fam), Baker J had to consider the exercise of the court's powers under the inherent jurisdiction to recognise and enforce