Actavis Group PTC EHF and others v ICOS Corporation

Practice – Interim injunction. The Patents Court dismissed an application, by Eli Lilly and Company (Lilly), for an interim injunction to stop the claimants from launching 2.5 mg and 5 mg of generic 'tadalafil' for daily use for the treatment of erectile dysfunction. The court held that there was no realistic prospect that Lilly (the exclusive licensee of a patent for tadalafil) would succeed on its appeal to the Supreme Court concerning that patent. The court further ruled that the application for an injunction had to fail where Lilly had not established that it would suffer unquantifiable damage without the injunction.

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