Shutterstock.com / diy13
The England and Wales Patent Court affirmed its power to grant injunctions for pre-grant patents—but not for Novartis, explains Azadeh Vahdat of EIP.
Swiss drug-maker, Novartis, sought a preliminary injunction to keep Teva and four other generics off the market for its prescription-only relapse remitting multiple sclerosis treatment, fingolimod, sold under the brand name, Gilenya.
The England and Wales Patents Court has affirmed, in Novartis AG v Teva UK & Ors [2022] EWHC 959 (Ch), its jurisdiction to issue injunctions for patents that are yet to go to grant, with a stern warning to patentees with respect to evergreening.
Despite this, Novartis failed to secure an injunction against its generic competitors on the basis that there was no likely irrecoverable downward price spiral for Gilenya given there were no NHS regulatory drug tariffs for the product, and no loss which could not be adequately remedied in damages in the event the patent is found valid and infringed.
To continue reading this article and to access our full archive, digital magazines and special reports you will need a subscription.
Start a subscription today to access the LSIPR website
If you have already subscribed please login.
For multi-user price options, or to check if your company has an existing subscription we can add you into, please email Atif at achoudhury@newtonmedia.co.uk
If you have any technical issues please email tech support.
For access to the complete website and archive choose '12 MONTH SUBSCRIPTION'. For a free, two-week trial select ‘TWO WEEK FREE TRIAL’.
Novartis, Gilenya, injunction, pharma, takeaways, patents, high, court, Justice, Birss, Teva, Dr Reddy’s, Glenmark, Tillomed, Zentiva