Wednesday, August 22, 2018

Preliminary Injunction Denied, But Two-Day TRO Granted Precluding Launch of Generic Estrogen Patch

The court denied plaintiff's motion for a preliminary injunction but granted plaintiff's motion for a TRO precluding the launch of defendants' generic transdermal estrogen product. "Plaintiffs' motion is denied to the extent it seeks a PI, and granted to the limited extent that [defendant] is temporarily restrained from launching its Generic Product [for two days]. At that point this limited TRO will automatically expire unless additional relief, such as a stay pending appeal, is granted either by this Court or the Court of Appeals, relief this Court will only consider if [plaintiff] files a notice of appeal and an expedited motion for a stay no later than [tomorrow]."

Noven Pharmaceuticals, Inc. v. Mylan Technologies Inc. et al, 1-17-cv-01777 (DED August 20, 2018, Order) (Stark, USDJ)

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