Preliminary Injunctions in the pharma sector: a spectacular U-turn of French judges in favour of patents owners

The approach of French Court in preliminary injunctions for pharmaceutical patents has changed dramatically over the past 12 months. For 10 years, the numbers of preliminary injunctions could be counted on one hand. Since summer 2018, six injunctions orders have been ordered in the pharma sector. Perhaps a pendulum effect after years of indulgence, or the complete renewal of the judges on the IP chamber in the high court of Paris, played a role. It seems likely that France will become attractive again for preliminary injunctions ; this new situation should also force market players to review their strategies.

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