Norbrook Laboratories Ltd v Univet Pharmaceuticals Ltd

• Jurisdiction: Ireland
• Judge: Mr. Justice Vivian Lavan
• Judgment Date: 30 July 2002
• Neutral Citation: 2002 WJSC-HC 5320
• Court: High Court
• Date: 30 July 2002

2002 WJSC-HC 5320

THE HIGH COURT

No. 2001/16510P

NORBROOK LABORATORIES LTD v. UNIVET PHARMACEUTICALS LTD

BETWEEN

NORBROOK LABORATORIES LIMITED

PLAINTIFF

AND

UNIVET PHARMACEUTICALS LIMITED

DEFENDANT

Abstract:

Practice and procedure - Interlocutory injunction - Whether plaintiff should be granted interlocutory injunction restraining defendant from using or disclosing confidential information

The plaintiff applied for an interlocutory injunction restraining the defendant from inter alia using or disclosing any confidential information of the plaintiff relating to dihydrostreptomycin sulphate.

Held by Lavan J. in refusing the application that in exercise of the court's discretionary power and on all the necessary tests the plaintiff was not entitled to an injunction.

1 JUDGMENT of Mr. Justice Vivian Lavandelivered the 30th day of July2002

2 The Plaintiff's Notice of Motion dated the 9th of November 2001 made returnable for the 24th of January 2002 sought

3 1. An injunction to restrain the Defendant whether by its directors, officers, servants or agents or any of them, or otherwise howsoever from doing the following acts or any of them, that is to say:-

4 (i) Using or disclosing any confidential information of the Plaintiff relating to its exclusive process for the manufacturer of dihydrostreptomycin sulphate.

5 (ii) Manufacturing, marketing, selling, advertising for sale or in any other way whatsoever dealing in injectable antibiotic comprising a suspension of procaine penicillin in a water based solution of dihydrostreptomycin sulphate where the dihydrostreptomycin sulphate is manufactured using the Plaintiff's exclusive process and confidentialinformation.

6 (iii) Using publishing disclosing or any other way dealing in the confidential information of...