The public interest and patent injunctions: Evalve v Edwards Lifescience [2020] EWHC 513 (Pat)

Johnson, Phillip ORCID: https://orcid.org/0000-0001-7316-0732 2020. The public interest and patent injunctions: Evalve v Edwards Lifescience [2020] EWHC 513 (Pat). Queen Mary Journal of Intellectual Property

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Abstract

It is usual for a court to grant a final injunction after a finding of patent infringement. There has been some doubt about how this applied when the patents covered essential medical products. In Evalve v Edwards Lifescience [2010] EWHC 513 (Pat), the court explored the role of the public interest in withholding injunctions and awarding damages in lieu. It construed the public interest narrowly in part due to the existence of compulsory licences. This discussion explores the court’s reasoning and suggests that an even greater link with compulsory licences should be adopted.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	K Law > K Law (General) K Law > KD England and Wales
Publisher:	Edward Elgar Publishing
ISSN:	2045-9807
Date of First Compliant Deposit:	27 April 2020
Date of Acceptance:	30 March 2020
Last Modified:	06 Nov 2023 20:01
URI:	https://orca.cardiff.ac.uk/id/eprint/131193

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