The Crystal Maze: IP,IT and life science
Recent changes in the legal landscape mean the route to market for a new drug can be littered with potential obstructions. David Wilkinson explores generic drug launches and interim injunctions
Until recently, the received wisdom in intellectual property (IP) circles was that there was little chance of the courts granting an interim injunction pending trial in a patent infringement case. A combination of the Civil Procedure Rules (with their encouragement to negotiate rather than litigate), ‘speedy trial’ orders (by which genuinely urgent cases could jump the queue and be brought to trial in a few months), and the ‘case hardening’ of judges to the arguments usually put forward to justify interim injunctions, meant few patentees sought, let alone obtained, interim injunctive relief.
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