Interrogating Interim Injunctions (I-3): A New SpicyIP Series


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.

Shamnad Basheer

Prof. (Dr.) Shamnad Basheer founded SpicyIP in 2005. He's also the Founder of IDIA, a project to train underprivileged students for admissions to the leading law schools. He served for two years as an expert on the IP global advisory council (GAC) of the World Economic Forum (WEF). In 2015, he received the Infosys Prize in Humanities in 2015 for his work on legal education and on democratising the discourse around intellectual property law and policy. The jury was headed by Nobel laureate, Prof. Amartya Sen. Professional History: After graduating from the NLS, Bangalore Prof. Basheer joined Anand and Anand, one of India’s leading IP firms. He went on to head their telecommunication and technology practice and was rated by the IFLR as a leading technology lawyer. He left for the University of Oxford to pursue post-graduate studies, completing the BCL, MPhil and DPhil as a Wellcome Trust scholar. His first academic appointment was at the George Washington University Law School, where he served as the Frank H Marks Visiting Associate Professor of IP Law. He then relocated to India in 2008 to take up the MHRD Chaired Professorship in IP Law at WB NUJS, a leading Indian law school. Later, he was the Honorary Research Chair of IP Law at Nirma University and also a visiting professor of law at the National Law School (NLS), Bangalore. Prof. Basheer has published widely and his articles have won awards, including those instituted by ATRIP, the Stanford Technology Law Review and CREATe. He was consulted widely by the government, industry, international organisations and civil society on a variety of IP issues. He also served on several government committees.

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