GNL 40: Flexible remedies in life science patent disputes

The traditional forms of relief available in the UK, including damages, injunction and delivery up, arise in patent cases concerning all forms of subject matter. In the life sciences, however, the courts of England and Wales have shown particular flexibility in tailoring the relief awarded at the end of a patent dispute to fit the particular practical and commercial context of the case at hand. These include cases in which a final injunction has been stayed in order to avoid serious reputational harm and disruption to patient treatments.

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