The High Court of England & Wales maintains the status quo for Edwards’ PASCAL Transcatheter Valve Repair System when considering a stay of a final injunction pending appeal

On 18 June 2020, Birss J gave a judgment (see here) setting out his reasoning for granting a stay of the final injunction in favour of Edwards Life Sciences Ltd (“Edwards”) pending appeal, on the condition that Edwards gave undertakings to limit its supply of PASCAL to no more than 2 hospitals for the purpose … Read more

Court of Appeal of England & Wales maintains no interim injunction for Neurim and Flynn against generic Circadin® – damages held to be an adequate remedy

On 19 June 2020, LJJ Floyd, Males and Arnold dismissed the appeal brought by Neurim Pharmaceuticals (1991) Limited (Neurim) and Flynn Pharma Limited (Flynn) that sought to overturn the High Court’s decision refusing an interim injunction against Generics UK Ltd (t/a Mylan) and Mylan UK Healthcare Limited (Mylan), concerning their generic prolonged release melatonin product. … Read more

Unsuccessful strike out of a quia timet infringement counterclaim

Teva UK Ltd v Chiesi Farmaceutici SpA [2020] EWHC 1311 (Pat), 2 June 2020 Summary After having been pressed by the defendant pharmaceutical company, Chiesi Farmaceutici SpA (“Chiesi”), to disclose a product description in a patent revocation action brought by Teva UK Ltd (“Teva”), Teva applied to strike out Chiesi’s counterclaim for quia timet infringement. … Read more

Brompton Bicycle – far from folded

CJEU follows Cofemel in allowing copyright protection where designs are not exclusively dictated by technical function The CJEU has decided in the Brompton Bicycle case C-833/18 (11 June 2020) that to qualify for copyright, a design must be original – that is, the subject matter must reflect the personality of its author (the creator or designer), as an … Read more

The rock misses its target in this story of “David and Goliath” – the UK High Court’s consideration of interim injunctions in Neurim Pharmaceuticals v Mylan

Neurim Pharmaceuticals (1991) Limited (Neurim) and Flynn Pharma Limited (Flynn) sought interim injunctive relief against Generics UK Ltd (t/a Mylan) and Mylan UK Healthcare Limited (Mylan), concerning their prolonged release melatonin pharmaceutical formulation sold under the brand names Circadin® and Slenyto®. The global market for melatonin is estimated to be around US$700 million in 2019 … Read more