Be careful what you ask for: Servier payout over £17 million to Apotex under a cross-undertaking in damages

On 9 October 2008, Servier was ordered to pay generics company Apotex £17.5 million under a cross-undertaking in damages given by Servier, in exchange for the grant of an injunction. The injunction prevented the sale of Apotex's generic version of perindopril, an ACE inhibitor used to treat hypertension. This amount was awarded to Apotex for the period from August 2006 until July 2007 when the injunction was lifted as Servier's patent was held to be invalid by the Patents Court.

Had the judge been asked to consider a restitutionary claim for damages, it is possible the award could have been much higher. Read Wragge & Co's expert analysis for more details.