Plaintiffs' motion for a preliminary injunction was denied because plaintiff failed to establish a likelihood of success and defendant established a substantial question of invalidity due to obviousness. "In this case . . . there is a strong showing of obviousness, supported by the Examiner’s three rejections in the prosecution history of the [patent-in-suit] and the evidence provided by [defendant] that the prior art invited experimentation in regard to testing for benefits in regard to stability. . . ."
Graceway Pharmaceuticals, LLC et al v. Perrigo Company et al., 2-10-cv-00937 (NJD June 10, 2010, Opinion) (Martini, J.)