Comments on: Can You Get an Injunction Against A Possible Contributory Infringer? http://www.patentbaristas.com/archives/2007/09/06/can-you-get-an-injunction-against-a-possible-contributory-infringer/?utm_source=rss&utm_medium=rss&utm_campaign=can-you-get-an-injunction-against-a-possible-contributory-infringer Freshly Brewed Bio/Pharma Chat. Served Up Daily. Tue, 07 Feb 2012 11:57:58 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Sandeep K. Rathod http://www.patentbaristas.com/archives/2007/09/06/can-you-get-an-injunction-against-a-possible-contributory-infringer/comment-page-1/#comment-22341 Sandeep K. Rathod Mon, 10 Sep 2007 07:59:16 +0000 http://www.patentbaristas.com/archives/2007/09/06/can-you-get-an-injunction-against-a-possible-contributory-infringer/#comment-22341 Let me put the other side here. Suppose, Cipla was NOT enjoined, but the patent was held valid and so IVAX/ Teva were not gaining market entry. In this case too, CIPLA would be under indirect injunction since there would no [immediate] buyer for its active material - Carvedilol. So, even if CIpla would not have been enjoined, an injunction on the formulation company indricetly binds the business of the API company as well. Let me put the other side here.
Suppose, Cipla was NOT enjoined, but the patent was held valid and so IVAX/ Teva were not gaining market entry.
In this case too, CIPLA would be under indirect injunction since there would no [immediate] buyer for its active material – Carvedilol.

So, even if CIpla would not have been enjoined, an injunction on the formulation company indricetly binds the business of the API company as well.

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