High Court decision in Laboratoires Servier v Apotex analysed - the UK's first damages enquiry following a cross-undertaking given on an injunction

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This article reviews the implications of the UK’s first damages enquiry following a cross-undertaking given on an injunction where the patentee’s cross-undertaking to the Court when awarded an interim injunction meant that it had to pay damages to the generic competitor for the generic’s loss of opportunity to enter the market at an earlier date.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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