Legal News

Patents—availability of interim injunction before grant (Novartis v Teva)

Published on: 23 May 2022
Published by: LexisPSL
  • Patents—availability of interim injunction before grant (Novartis v Teva)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

IP analysis: Patent infringement is not actionable until after grant of the patent. A proprietor can claim damages back to the date of publication of the patent application, but has to wait until the patent has been granted in order to do so. In this case the patent owner tried to get an interim injunction to restrain infringement even though it could not at that time sue for infringement. The court held that interim injunctions can in principle be available pre-grant. The general jurisdiction to grant injunctions was not restrained by any specific legislation relating to patents. Written by Gregor Grant, of counsel with Marks & Clerk Law LLP, London. or take a trial to read the full analysis.

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