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Public Interest Prevails: Bristol-Myers Denied Interim Injunction in Patent Infringement Suit Regarding Export of HIV Drug to Venezuela

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On 26th September, 2014, a Hyderabad Trial Court denied an interim injunction to Bristol-Myers Squibb (BMS) in a suit against generic manufacturer Mylan regarding the export of HIV Drug Atazanavir to Venezuela. While BMS had no product patents in either India or Venezuela, they had brought the suit on the basis of two secondary process patents. The Trial Court had earlier denied them an ex-parte interim injunction, following which BMS had approached the High Court to secure a status quo...

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