‘Launch at risk’ – Article 9 (7) of the Enforcement Directive interpreted by the CJEU in C-688/17 (Bayer), concluding that when a patent is subsequently revoked it does not automatically follow that the preliminary injunction was unfounded
The injunction gap is a frequently discussed characteristic of those European jurisdictions, Hungary being one such country, whose patent litigation systems are bifurcated. In a preliminary injunction proceeding in Hungary the court does not assess the validity of the patent in suit, at least not simply at the level of arguments, although decisions on invalidity…