American Cyanamid Co v Ethicon Ltd

The test for granting an interim injunction: a serious question to be tried, and the balance of convenience.

Citation
[1975] AC 396
Court
House of Lords
Year
1975
Subject
English Legal System
Topic
Civil justice and procedure

Facts

American Cyanamid held a patent for absorbable surgical sutures. It claimed that Ethicon was about to launch a competing suture in the UK that would infringe the patent, and it applied for an interim injunction to stop Ethicon from selling the sutures until the trial. The Court of Appeal refused the injunction, on the basis that American Cyanamid had not shown a strong prima facie case of infringement.

Legal principle

The House of Lords granted the interim injunction. Lord Diplock said that the claimant does not need to show a prima facie case. The court must first be satisfied that there is a serious question to be tried, meaning that the claim is not frivolous or vexatious. It must then consider whether damages would be an adequate remedy for either party and, if there is doubt, where the balance of convenience lies, taking into account all the circumstances, including the importance of preserving the status quo. These guidelines remain the basis for interim injunctions in English law.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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