Notable IP Cases From 2017

While several of the Irish decisions did not amount to unprecedented changes to Ireland's IP landscape, they did confirm the approach to be taken on many issues. We review some noteworthy cases from the last year. 

Patents

Gilead Sciences sought an interlocutory injunction application against Teva Pharma and Mylan relating to the launch of a generic version of the well-known HIV drug Truvada. In November 2017, the Commercial Court refused to grant an interlocutory injunction in the context of SPC infringement proceedings. Mr Justice McGovern refused the injunction sought on the basis that, should the defendants ultimately lose at the trial of the action, damages would be an adequate remedy for the plaintiff. The judge placed particular emphasis on the transparency and availability of sales data within the pharmaceutical sector.