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High Court grants interim injunction against generic drug manufacturer

The High Court has refused to strike out an application for an interim injunction against the marketing of a generic drug which was infringing a drug patent.  The defendant, a manufacturer of a generic drug, had already obtained a marketing authorisation for the generic version and refused to say when it planned to launch. The same defendant had previously launched another generic drug before the expiry of the applicable patent protection, after saying it would not do so and this was taken into account. HHJ Birss QC, sitting as a deputy High Court judge, held that the interim injunction action should not be struck out and that the evidence supported the case for an interim injunction. (Merck Sharp & Dohme Corp and another v Teva Pharma BV and another, 15 March 2012)

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