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AME RI C AN CYANAMI D C O V ET H IC O N LT D: HL 5 F E B 1 9 7 5
July 11, 2018 dls (https://swarb.co.uk/author/dls/) Off Intellectual Property
(https://swarb.co.uk/category/intellectual-property/), Jury (https://swarb.co.uk/category/jury/), Litigation Practice
(https://swarb.co.uk/category/litigation-practice/),
References: [1975] 2 WLR 316, [1975] AC 396, [1975] UKHL 1, [1975] 1 All ER 504, [1975] FSR 101, [1975]
RPC 513
Links: Bailii (http://www.bailii.org/uk/cases/UKHL/1975/1.html)
Coram: Lord Diplock, Viscount Dilhorne, Lord Cross of Chelsea, Lord Salmon and Lord Edmund-Davies
Ratio: The plaintiffs brought proceedings for infringement of their patent. The proceedings were defended.
The plaintiffs obtained an interim injunction to prevent the defendants infringing their patent, but they now
appealed its discharge by the Court of Appeal.
Held: The questions which applied when looking for an interim injunction in patent infringement cases were
no different from those in other cases. The court must first look to the balance of convenience. There was no
rule that the court must first look for the prospects of success of either party. The court must be satisfied the
claim ‘is not frivolous or vexatious; in other words, that there is a serious question to be tried’. Where there
was any doubt about damages being adequate compensation for the grant or withholding of an injunction, the
court should preserve the status quo. The judge’s assessment of that balance of convenience was not to be
disturbed.
Lord Diplock said of the phrase ‘prima facie case’ that it ‘may in some contexts be an elusive concept’ and
‘the governing principle is that the court should first consider whether, if the plaintiff were to succeed at trial in
establishing his right to a permanent injunction, he would be adequately compensated by an award of
damages for the loss he would have sustained as a result of the defendant’s continuing to do what was
sought to be enjoined between the time of the application and the time of the trial. If damages in the measure
recoverable would be [an] adequate remedy and the defendant would be in a financial position to pay them,
no interim injunction should normally be granted, however strong the plaintiff’s claim appeared to be at that
stage.’
This case cites:
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cyanamid-co-v-ethicon-ltd-hl-5-feb-1975/)