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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Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1488
For more information, see the original judgement.
