In a landmark decision, the State Court of Appeals of São Paulo affirmed a preliminary injunction granted on behalf of a pharmaceutical company to prevent the launch of generic and similar products until the Brazilian Patent and Trademark Office (INPI) concludes the examination of the corresponding patent applications, which have been pending before the INPI for over a decade due the INPI's notorious backlog. According to the Court of Appeals, although Brazilian IP Law (Federal Law No. 9,279/1996) affords patent owners the possibility to recover past damages only after the patent’s issuance, this provision may not be enough to prevent imminent irreparable damages. The Court of Appeals’ decision distinguishes the case from previous cases decided by the same court and the Superior Court of Justice by applying the doctrine of unfair competition, unjust enrichment and the morality principle to the specific facts of the case.