Quantifying generic and biosimilar companies' loss: neither easy nor adequate

Quantifying generic and biosimilar companies' loss: neither easy nor adequate

Journal article

1 online resource

The courts usually grant interim injunctions in originator versus generic cases because judges have readily accepted that generic market entry will cause irreparable harm to patentees. This article challenges this assumption. It argues that originator companies’ loss is reparable and can be quantified in damages because it is possible to document their loss using historic sales data. That is, however, not the case for generic companies. Unlike originator companies, who have already sold the medicine for years, there are no previous sales figures that judges may use to calculate a generic company’s loss. This means that it is neither easy nor adequate to calculate their loss, rendering damages an inadequate remedy for generic companies. More interim injunctions should therefore be refused on this basis.

Crossref

Intellectual Property Quarterly ; I.P.Q. 2025, 4, 273-295

[New York, NY] : Thomson Reuters, 2025.

English

https://1.next.westlaw.com/Copyright

External Online Journals > Intellectual Property Quarterly