This is a decision by the High Court on whether to grant an interim injunction to prevent the defendant from launching a product prior to the expiry of the patentee’s supplementary protection certificate (SPC). The defendant had received a marketing authorisation for its generic version of the patented drug, Efavirenez, and had refused to give an undertaking that it would not launch before the SPC’s expiry date. It had also been involved in another infringement claim where it had launched before a patent expiry date. The Court found that on balance, there was a sufficiently strong probability that an injunction would be required to prevent harm to the claimant which satisfied the requirement of the court that there must be a concrete, strong and tangible risk that an injunction is required.
For the full text of the decision, please click here