Interim Injunctions: the Appeal in Neurim Pharmaceuticals v Mylan
Jane Lambert Court of Appeal (Lords Justices Floyd, Males and Arnold) Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd (t/a Mylan) and another [2020] EWCA Civ 793 (24 June 2020 ) This was an appeal by the claimants, Neurim Pharmaceuticals (1991) Ltd ("Neurim") and its exclusive licensee Flynn Pharma Ltd ("Flynn"), against Mr Justice Marcus Smith's refusal in Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd (t/a Mylan) and another [2020] EWHC 1362 (Pat) (3 June 2020) to restrain the defendants, Generics UK Ltd and Mylan Healthcare Ltd ("Mylan"), from launching a generic competitor to the claimants' drug Circadin until after the trial of the claimants' action for infringement of Neurim's European patent (UK) 1,441,702 . I discussed Mr Justice Marcus Smith's judgment in Patents - Neurim Pharmaceuticals v Mylan on 4 June 2020. The claimant appealed and Lords Justices Floyd, Males an...