Full Court Overturns Interlocutory Injunction

The Federal Court had previously granted an interlocutory injunction preventing the sale of a syringe allegedly infringing a granted patent.  In overturning the injunction, the Full Court  performed a detailed examination of the scope of patent.   The case shows that: 1) in applying for an injunction the court will generally examine the scope of the patent in fine detail; 2) designing around a patent is possible and should be discussed with your patent attorney before releasing a competing product; and 3) while injunctions are an available remedy, one must consider the issue of damages should an injunction be overturned.

Case: GlaxoSmithKline Australia Pty Ltd v Reckitt Benckiser Healthcare (UK) Limited [2013] FCAFC 102 (2 September 2013) 

---