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Abbey Laboratories Pty Ltd v Virbac (Australia) Pty Ltd [2024] FCA 1488

Abbey Laboratories Pty Ltd v Virbac (Australia) Pty Ltd [2024] FCA 1488

PATENTS – application for an interlocutory injunction by patent holder – where generic recently launched – where patent holder is claiming for infringement – where patent alleged to be invalid – whether balance of convenience favours the grant of an injunction – where there has been substantial delay on the part of the patent holder – where detriment to the patent holder if the injunction is not granted is much more readily quantifiable in damages than the detriment to the generic – application dismissed


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