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Nathan Kan

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Out to Pasture: Delayed Injunction Application Fails in Veterinary Patent Battle

Out to Pasture: Delayed Injunction Application Fails in Veterinary Patent Battle

Justice Jackman of the Federal Court has refused to grant Virbac (Australia) Pty Ltd (Virbac) an interlocutory injunction to restrain Abbey Laboratories Pty Ltd (Abbey) from launching a generic version of Virbac’s Cydectic Platinum, used to treat and control parasites in beef and dairy cattle.  Justice Jackman’s decision confirms the importance of not delaying when seeking injunctive relief, while also highlighting the relative difficulties faced by each party to quantify its potential losses.

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