Posted: July 9th, 2007
Les Laboratoires Servier & ANR v. Apotex Inc & ANR, Court of Appeal, Civil division, London, UK, 9 July 2007, Case No. (2007) EWCA Civ 783, with thanks to Marc Döring and Rowan Freeland, Simmons & Simmons
On 09 July 2007, the English Court of Appeal clarified the guidance it gave in Pozzoli SPA v BDMO SA (and others) as to when leave to appeal should be granted in complicated patent cases. Perhaps more interestingly, its judgment also shed light on the possibilities of obtaining interim injunctions pending appeal when a patent has been revoked.