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High Court, following determination that a patent was invalid: (a) grants a stay on the order revoking the patent and removing it from the register, pending an appeal to the Court of Appeal; but (b) refuses to grant an order continuing an injunction restraining the defendant from infringing the patent by marketing a generic version of the product, on the grounds that the patent had been found invalid at first instance, and the balance of justice favoured the defendant being permitted to 'reap the commercial reward' for successfully challenging the patent.
Intellectual property - patents - determination that patent was invalid - application for stay pending appeal to the Court of Appeal - application for continuation of an interlocutory injunction pending outcome of appeal - whether an arguable ground of appeal which was bona fide rather than tactical - balance of justice - stay granted on revocation of patent and removal from register.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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