An Interim Injunction in Reverse - Fiberweb Geosynthetics Ltd v Geofabrics Ltd
Author Jules Gagnage Licence CC BY-SA 3.0 Source Wikimedia Commons Jane Lambert Patents Court (Sir Anthony Mann) Fiberweb Geosynthetics Ltd v Geofabrics Ltd [2021] EWHC 1996 (Pat) (16 July 2021) Everyone is familiar with interim injunctions. These are orders to do or, more likely, refrain from doing something until trial or further order. They are intended to protect an intellectual property or other rights owner from irreparable harm between the issue of proceedings and trial. They are awarded in exchange for a promise by the person seeking the injunction to pay damages to the injuncted party should the court subsequently decide that the injunction should never have been granted. But what about the opposite case where a party that is already subject to an injunction wants to make or sell a product that may or may not infringe an intellectual property right for which a final injunction has been granted and thus breach such injunction pending the trial of its action for a dec