Biosciences Group, Olswang, 90 High Holborn, London WC1V 6XX, UK, Tel: +44 (0)20 7067 3273, Email: michael.burdon@olswang.com

Abstract

This paper looks at the criteria that the UK courts will apply when considering whether or not to grant an interim injunction in a patent action in the light of two recent decisions of the UK courts concerning GlaxoSmithKline's Seroxat product. These two recent decisions are highly significant for patent holders and for generics companies, since they mark the first interim injunctions to be granted in patent actions in the UK for a number of years. The authors consider the implications of these decisions for patent holders and for generics companies in formulating their commercial strategies. The message is clear: interim injunctions are back on the menu. Patent holders should be aware of these decisions and the possibility of obtaining immediate and effective relief in appropriate circumstances, provided that rapid action is taken. Generics companies should also take note of these decisions. The overriding message from the courts is that generics companies ignore the existence of other companies' patents at their peril when considering the launch of a new and potentially infringing product. The law is correct as at 18th September, 2003.