The District Court of Helsinki has recently, in a dispute between two pharmaceutical companies, taken a stance on interim injunctions. In a decision rendered on 4 June 2014, Pfizer was ordered to pay Ranbaxy 16.5 million euros in damages (plus interest and legal fees) for an unfounded interim injunction that prohibited Ranbaxy from selling certain pharmaceuticals for the duration of a Pfizer patent. Interim injunctions can be issued should a party’s interest be in danger. However, the party filing for the interim injunction has a strict liability for damage caused to the other party in case the interim injunction proves to be unfounded on the basis of the court’s subsequent decision in the main action. In this case the court held that Pfizer had had no legal grounds for an interim injunction and were, thus, liable for Ranbaxy’s lost sales income during the duration of the interim injunction estimated to 16.5 million euros.
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Bernt Juthström
Partner