A UK High Court Judge, Michael Tappin, has rejected a request by AstraZeneca (AZ) and AstraZeneca UK Ltd. for an interim injunction to block Glenmark Pharmaceuticals Europe from launching a generic version of AZ’s diabetes drug, Forxiga. The generic version, which contains the same active ingredient as Forxiga (dapagliflozin), was set to be launched before the resolution of a related UK lawsuit in which Glenmark is seeking a declaration of patent invalidity. AZ had argued that the launch would cause them irreparable harm, but Tappin disagreed, stating that AZ’s potential losses could be adequately compensated with monetary damages.
Instead, Tappin placed a condition on Glenmark, recommending that they pay a sum of money “into a separate bank account for each pack sold” until a hearing on injunctive relief is held in the validity trial. This decision allows Glenmark to proceed with the launch of its generic version of Forxiga, while also providing some protection for AZ’s business interests.
The outcome of this case is significant for the pharmaceutical industry, as it highlights the complexities of patent infringement and the balance between competing interests in the market. It also underscores the need for companies to carefully consider the potential risks and consequences of launching a generic version of a patented product.