Post-Trial TRO Does Not Require Showing of Likelihood of Success on the Merits

The court denied defendants' motion to reconsider the issuance of a TRO pending plaintiffs' appeal and rejected defendants' argument that "a likelihood of success on the merits is a prerequisite for issuing a TRO." "I agree with defendants' argument in the normal course, i.e., when I am asked at the commencement of a case to evaluate its merits. . . . Under the circumstances at bar, however, I conclude that this factor switches from having a gate-keeping function to simply being one of the four factors to be considered when granting or denying an injunction. . . . [A] grant of a TRO post-trial merely preserves the status quo pending appeal; it does not change the status quo as it would at the commencement of a case."

In re: Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, 1-09-md-02118 (DED May 24, 2011, Order) (Robinson, J.)