IP analysis: In a judgment handed down on 29 March 2022 the Court of Appeal has considered whether a final injunction should be stayed pending appeal. After finding Neurim’s patent valid (and therefore infringed), the High Court had refused permission to appeal, enjoined Mylan and refused to stay that injunction pending an application for permission to appeal. However, in granting permission, the Court of Appeal thought a stay appropriate until determination of the appeal. Core to this decision was the question of whether damages could be quantified and adequately compensate the party that prevailed on appeal (ie whether damages could compensate Mylan for a wrongfully granted injunction, or Neurim if the injunction was stayed and the High Court decision was subsequently upheld). The judges were not fully aligned on this question, but agreed that in light of the prevailing uncertainties it was prudent to maintain the status quo pending the outcome of the appeal. Written by Ian Turner, of counsel, and Marcus Riby-Smith, associate, at Marks & Clerk Law.