“…h the NHS might suffer as a result of the interim injunction. Such a procedure had first been suggested by Jacob J in R (Primecrown) v Medicines Control Agency [1999] RPC 705 at 708-709. By 2006 the practice of the Patents Court, when an application for an interim injunction in respect of a pharmaceutical product was sought, was to …”
“… is too narrow. Jacob J considered the question, but did not need to decide it, in R v The Medicines Control Agency ex parte Smith & Nephew Pharmaceuticals Ltd [1999] RPC 705, expressing much sympathy with the view that it is too narrow. He referred to the Australian case of Victorian Onion and Potato Growers v Finnigan [1922] VLR 8…”