Remedies for Patent Infringement in the Medical Sector

A patentee’s remedies for patent infringement can be limited by the courts where a patent relates to a medical product. In Edwards Lifesciences LLC v Boston Scientific Scimed Inc [2018] EWHC 1256 decision, public health issues led to a qualified injunction. In this article which first appeared in BioScience Law Review, we review the circumstances in which injunctions are available and how and when an injunction might be limited and the availability of damages and account of profits in lieu of an injunction.