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Pharmaceutical patent preliminary injunction drought ends in Australia
For almost eight years, pharmaceutical originators faced an unbroken run of defeats when seeking preliminary injunctions (PIs) in the Federal Court of Australia. The prevailing judicial approach appeared to be that monetary damages were an adequate remedy for losses suffered by innovators arising from generic market entry, even where that entry later proved to be infringing. Against that backdrop, the recent grant of two PIs to originator companies is a significant and unexpe
By Dr Claire Gregg
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