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The scales of justice on a plain background

American Cyanamid Co v Ethicon Ltd

1975 · [1975] AC 396

Posted By lanbuk.com

Facts

A company sought an to stop a rival selling surgical stitches, claiming patent infringement.

Issue

What test applies to interim ?

Held

Interim injunction granted.

Principle

The court asks: is there a serious question to be tried? Would damages be an adequate remedy? Where does the balance of convenience lie?

Why it matters

The leading test for interim (interlocutory) injunctions. Widely followed in common law countries.

Cited in these chapters

Cite this page

American Cyanamid Co v Ethicon Ltd [1975] AC 396 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/american-cyanamid-v-ethicon> accessed 31 October 2026

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This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.