Interlocutory Injunctions And Irreparable Harm

Interlocutory or interim injunctions are attractive to plaintiffs because the grant of an injunction often ends the litigation, at much less cost than a full-blown trial. Pharma cases are no exception. That said, such injunctions are not easy to obtain, and when granted there is a risk of damages to the defendant should the case proceed to trial and the defendant is found not to have infringed.

One important requirement for obtaining such relief is proof of irreparable harm. The issue to which this note is addressed is whether irreparable harm should be presumed if the Court is of the view that the plaintiff is likely to succeed at trial. In the author's view, such a presumption generally is not in the public interest. Instead, Courts should require evidence of likely irreparable harm unless there are exceptional circumstances to the contrary.