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All Eyes on ELYEA–Sandoz Defeats Preliminary Injunction
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Recent Contributors to The National Law Review
The recent decision in Regeneron Pharmaceuticals, Inc v Sandoz shows how a strong noninfringement position can be powerful to resisting a preliminary injunction.
The product information for pharmaceuticals is likely to constitute “instructions” for the purpose of indirect infringement.
The dosing described in Sandoz’s product information was measured by reference to months.
The court found that Sandoz’s product information did constitute “instructions” as per s 117(2)(c).
Injunction Would Be DisproportionateEven if Regeneron was successful at trial, an injunction would likely be disproportionate as many ophthalmologists prescribe outside the claimed method.
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'australian'
'aflibercept'
'market'
'sandozs'
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'bayer'
'product'
'injunction'
'case'
'patent'
'v'
'regeneron'
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