The Court of Appeal has handed down judgment in AstraZeneca v Glenmark, a significant decision concerning preliminary injunctions and the proper application of the American Cyanamid test. Its judgment can be found here.

Glenmark sought to launch a generic dapagliflozin product at a time when the validity trial of AstraZeneca’s patent protecting the compound had been heard but while judgment was awaited. The application for an interim injunction had been refused at first instance but the Court of Appeal allowed AstraZeneca’s appeal and ordered an interim injunction pending the form-of-order hearing following the validity trial, which is expected to occur in 1-3 months’ time.

The Court of Appeal’s judgment is of particular importance to the field of pharmaceutical patent litigation. It addresses policy considerations underlying the “clearing the way” doctrine and the importance of maintaining the status quo while judgment on validity is awaited. The decision is significant to innovators and generic companies alike as regards ‘at risk’ launch scenarios.

Geoffrey Pritchard KC and Thomas Lunt acted for AstraZeneca on the appeal.