Interim Injunctions - Merck Sharp & Dohme Corp v Clonmel Healthcare Ltd.
The Four Courts, Dublin Author Jtdirl Released into public domain by the copyright owner Source Wikipedia Supreme Court of Ireland Jane Lambert Irish Supreme Court (Chief Justice Clarke and Justices O'Donnel Donal, McKechnie, Dunne, O'Malley and Iseult) Merck Sharp & Dohme Corp v Clonmel Healthcare Ltd. [2019] IESC 65, 31 July 2019 This was an unusual appeal in that the discretion of an applications judge and the decision of a majority of the appellate court were second-guessed after the expiry of the intellectual property right upon which the applicant for an interim injunction had relied. The Supreme Court of Ireland allowed an appeal against the Irish Court of Appeal's decision in Merck Sharp & Dohme Corp v Clonmel Healthcare Ltd. [2018] IECA 177 to reject an appeal from Mr Justice Haughton's refusal to restrain Clonmel Healthcare Ltd. from marketing a product that was alleged to have infringed Merck Sharp & Dohme ...