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Final injunctions—clearing the way is the only way

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Published on: 16 July 2013
Published by a LexisNexis IP expert

Table of contents

  • Original news
  • What is the background to this judgment?
  • What evidence did the court take into account?
  • How did the court approach applying the law on quia timet injunctions?
  • What kind of intention is necessary?
  • How should the injunction request be dealt with in a statement of case?
  • What is the correct date for assessing the threat level?
  • How does this decision affect generics companies’ activities close to patent expiry?

Article summary

IP & IT analysis: How might the recent decision in Merck Sharp Dohme Corp v Teva Pharma BV affect generics companies’ activities close to patent expiry?

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