We’re unleashing a new project/case series to highlight the potential inequity of patent injunctions that take forever to vacate–particularly the ex-parte ones. See our posts here and here expressing our angst against ex parte injunctions.
Rupali just illustrated a very egregious illustration of one such injunction in her wonderfully articulated blog posts here and here. Balaji and Saahil will soon pick up on this theme and cover some of these cases more extensively.
We (a team comprising Swaraj, Balaji, Saahil Dama, Rupali and me) will study cases closely and then run blog posts highlighting the injunction and its aftermath (including the time to vacate the injunction [if at all vacated] and the deleterious impact on defendants and consumers. We plan to then use this data to file a writ asking that the grant of temporary injunctions in IP cases be moderated. In particular our advocacy campaign will focus on ex parte injunctions and ask that they be prohibited (Say No to Ex-Partes!)
We will also track patent trials to show the extent of delays (such as the Merck vs Glenmark case, where it took more than a year to cross examine just one witness) and offer policy solutions for expediting patent trials. All of this will be against the backdrop of our larger policy suggestion that in complex patent cases, we simply need to do away with interim injunctions and move to expedited trials. For more reading on this, please see our paper here. So we would really appreciate any leads from counsels and others in the know.
ps: image from here.