Syringe wars shed further light on interlocutory preliminary injunctive relief in Australia

Abstract

Since 2004, Reckitt Benckiser (Reckitt) has supplied Nurofen for Children in Australia together with a dosing system comprising a bottle, a bottle neck liner, and a flat-nosed syringe. That dispensing mechanism is the subject of a patent. GlaxoSmithKline introduced into the Australian market place its Children’s Panadol 1–5 Years product (GlaxoSmithKline Product) together with a liquid- dispensing apparatus also consisting of a bottle, a bottle neck liner, and a syringe. Following introduction of the GlaxoSmithKline Product, Reckitt sued for patent infringement and obtained a preliminary injunction.