Approaching a damages calculation on a cross-undertaking

AstraZeneca AB & Anor v KRKA, d.d Novo Mesto and Consilient Health Ltd [2014] EWHC 84 (Pat) relates to an application for payment of damages, further to a cross-undertaking on a preliminary injunction. The preliminary injunction in question had been ordered against Consilient in 2010, preventing it from marketing its own-brand proton pump inhibitor (PPI), Emozul. The injunction was obtained on the basis of the patent protecting AstraZeneca’s PPI product, Nexium.

However, AstraZeneca later lost a related infringement action against Ranbaxy on this patent and, as a result, concluded that it could not win at trial against Consilient. Hence, AstraZeneca applied to have the injunction discharged…

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