Servier was successful in yesterday's hearing of its stay application. As a result, the orders which revoked Servier's patent and discharged the interlocutory injunction were stayed pending determination of Servier's special leave application (or the High Court appeal, if special leave is granted).

This represents a considerable success for Servier, particularly given Apotex and Actavis' convincing win in the Full Court earlier this month (you can find our post on this here). Notably, Apotex was able to secure a number of conditions in the orders imposing the stay. These are largely directed at attempting to restrict other generic entry into the market during the stay period.