Preliminary injunctions are urgent court ordered measures to stop infringement. They are a rarity in the general run of patent disputes, but special considerations apply to generic, and potentially biosimilar, launch cases. These special considerations recognise that the downward ‘price spiral’ caused by generic competition may cause irrecoverable damage for which only a preliminary injunction is the appropriate remedy, because it holds the status quo until a decision can be reached on the full merits of the case after trial. Although a recent case has demonstrated that the court will not treat this issue dogmatically, it may be regarded as the ‘exception that proves the rule’.

Preliminary injunctions are urgent court ordered measures to stop infringement. They are a rarity in the general run of patent disputes, but special considerations apply to generic, and potentially biosimilar, launch cases. These special considerations recognise that the downward ‘price spiral’ caused by generic competition may cause irrecoverable damage for which only a preliminary injunction is the appropriate remedy, because it holds the status quo until a decision can be reached on the full merits of the case after trial. Although a  recent case has demonstrated that the court will not treat this issue dogmatically, it may be regarded as the ‘exception that proves the rule’.

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