Refusal of springboard relief

Smith & Nephew v Convatec [2013] EWHC 3955 is another decision relating to final injunctions. In this case, it concerns the availability of an injunction after expiry of the patent being enforced — so-called ‘springboard’ relief. Such injunctions apply for a period after expiry of the patent on the basis of an advantage gained by an earlier infringement of that patent…

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