Injunction affirmed to restrain distribution of generic anticoagulant product

The Court of Appeal has dismissed an appeal from the High Court, and affirmed a decision to grant an interlocutory injunction preventing a generic manufacturer from infringing on a Supplemental Protection Certificate (SPC) related to a major pharmaceutical company's anticoagulant product, pending the outcome of a trial set to determine the validity of the underlying patent and the SPC. The original court had found that damages would not be an adequate remedy for the potential infringement of the SPC, which is presumed valid until proven otherwise. The generic manufacturer's defense, based on the alleged invalidity of the patent and SPC, was not strong enough to overturn the injunction, especially given the lack of evidence regarding foreign law pertinent to the priority issue. Additionally, the court found no evidence of misconduct by the pharmaceutical company that would disqualify it from equitable relief.