The first assessment of damages caused by an injunction on a patent later found to be invalid
20-Mar-2009 | Life Sciences & Healthcare, Patents
Lawyers Simon Cohen, Kathleen Fox Murphy, Matthew Royle
Judgment on the damages enquiry in Les Laboratoires Servier v Apotex was handed down in the Patents Court of the High Court on 9 October 2008 by Mr Justice Norris. Apotex were awarded £17.5m together with a later award of interest of £2.11m.
It is the first time the court has adjudicated on the measure of damages due under the cross-undertaking given by a patentee in respect of an injunction, when the patent on which the injunction was based is subsequently found to have been invalid.
