IP Spectator
Hyderabad Trial Court, on September 26, 2014, denied an interim injunction to Bristol-Myers Squibb (BMS) in a suit against Mylan regarding the export of HIV Drug Atazanavir to Venezuela. Earlier, BMS was denied an ex-parte interim injunction by the Trial Court, following which BMS approached the High Court and secured a status quo order.
The order of the High Court was challenged by Mylan and the High Court amended the order to restrict exporting of the drug to 1/8th of the purchase order subject to a sum of Rupees Thirty Lakh being deposited by Mylan with the Court. The High court further directed the Trial Court to hear and conclude the interim injunction application within a period of three weeks.
Taking the defence of Public Interest, Mylan argued that the export of a HIV drug to a sovereign government, pursuant to an order from WHO, did not amount to sale for commercial purposes only. After the dismissal of the interim injunction application by the Hyderabad Trial Court, BMS filed an appeal on September 29, 2014.
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