Mallinckrodt’s Post-Verdict Relief in Question After Patent Win

A Delaware federal judge deferred deciding whether Mallinckrodt Plc should get an injunction blocking Air Liquide SA’s proposed copy of its respiratory failure drug, saying the company “may have to make a choice” between a jury’s $9.5 million damages award and future relief.

Granting both remedies “seems like double-counting” because the jury’s lump-sum damages already compensate Mallinckrodt for the patents’ remaining life, Judge Richard G. Andrews wrote in an opinion issued Tuesday in the US District Court for the District of Delaware.

He entered judgment on the verdict but deferred ruling on injunctive relief before post-trial motions, calling the issue ...