The Keytruda injunction and the risk of enforcing too soon
Halozyme’s injunction against the subcutaneous formulation of Keytruda highlights the financial risks of enforcing patent rights while a judgment remains open to challenge. We explore the distinct liabilities that can arise from interim relief and enforcement pending appeal—and where specialist insurance may help manage the exposure.
Lawyers are already spinning enough plates. Funding and insurance should not be another one.
Litigation funding and insurance are often considered only once a case is well underway, by which point some of the most useful options may no longer be available. An early, no-names conversation can help lawyers understand what is viable, compare the available structures and give clients a clearer view of cost, risk and potential recovery.