Novartis v Hospira — what do innovators and generics need to know?

In a robust decision handed down by the English Court of Appeal, Novartis has been awarded an interim injunction against Hospira to prevent sales of generic zoledronic acid in the UK despite Novartis’s patents having been declared invalid by the English High Court.

The revocation proceedings are expected to reach the Court of Appeal some time in autumn 2013. Until then, Novartis is able to enjoy market exclusivity on its proprietary zoledronic acid product, Aclasta.

The Court of Appeal judgment represents a significant victory for Novartis and other innovators. In this e-alert, Allen & Overy discusses how this decision affects innovators and generic companies alike, as well as the practical steps that parties should consider prior to the launch of a generic product…

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