All Eyes on EYLEA–Sandoz Defeats Preliminary Injunction
The recent decision in Regeneron Pharmaceuticals, Inc v Sandoz shows how a strong noninfringement position can be powerful to resisting a preliminary injunction. The dismissal of the Regeneron Pharmaceuticals, Inc. (Regeneron) and Bayer Australia Ltd and Bayer Consumer Care AG (together Bayer) parties’ application for interlocutory relief aligns with the recent trend away from granting preliminary (interlocutory) injunctions in pharmaceutical patent cases. While the trend has primarily arisen from the court’s recognition that the calculation of damages for a new market entrant is likely to be more difficult than that for the patentee, this was a, but not the main driving, factor in this case.
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