Approaching a damages calculation on a cross-undertaking - .PDF file.
AstraZeneca AB & Anor v KRKA, d.d Novo Mesto and Consilient Health Ltd  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…
Click on the link below to read the rest of the Taylor Wessing briefing.