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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H Lundbeck A/S v Sandoz Pty Ltd [2023] FCA 740
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Novartis AG v Pharmacor Pty Limited [2023] FCA 804
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