Adrian Speck QC and James Whyte recently appeared in the Court of Appeal in Hospira AG v Novartis UK Limited [2013] EWCA Civ 583, Adrian Speck QC appearing with Tom Mitcheson for the respondent and James Whyte appearing with Justin Turner QC for the appellant. The case concerned an appeal from a decision of Birss J refusing to grant an interim injunction pending appeal where the appellant’s Patents, for the use of zoledronic acid in the treatment of osteoporosis, had been found invalid at first instance by Arnold J.
In his judgment, with which the other Lord Justices agreed, Floyd LJ summarised the principles to be applied to the grant of interim injunctions pending appeal, and then held that Birss J should not have found that the decision on the merits affected the balance of convenience. He held that once Birss J had decided that the appeal had real prospects of success he should have moved to the balance of convenience, where on the fact of the case, the appellant succeeded.
Accordingly the Court of Appeal granted the interim injunction pending appeal.