InterPharma Pty Ltd v Hospira, Inc

InterPharma Pty Ltd sought an interim interlocutory injunction against Hospira, Inc, in relation to the manufacture, sale, and supply of a product containing dexmedetomidine within Australia. The matter was heard and determined by the Federal Court of Australia. The primary issue before the Court was whether the applicant was entitled to an interim injunction to restrain the respondent from engaging in certain activities within the patent area without the authorisation of the applicant.

The Court found that the applicant had made out a prima facie case that it was entitled to an interlocutory injunction. The Court noted that the applicant had established a serious question to be tried and that the balance of convenience lay in favour of granting the injunction. The Court also noted that there was a real likelihood of irreparable harm to the applicant if the injunction was not granted. Accordingly, the Court granted the injunction, restraining the respondent from engaging in certain activities within the patent area without the authorisation of the applicant. The Court further ordered that the respondent recall, purchase back, or take all other necessary steps to immediately recover, all stock of dexmedetomidine that had been supplied, sold, delivered or transferred to its Australian distributor.

The Court ordered that the respondent provide to the applicant an affidavit sworn by an authorised officer of the respondent that identified all steps taken to comply with the order to recall the stock. The Court also ordered that the respondent pay the applicant's costs of the application for interim injunction, as agreed or taxed, unless a party notified the Court in writing by a specified time that it opposed this order as to costs. The Court noted that the parties had liberty to apply to the Docket Judge.