Today, Judge Robinson denied the defendants’ motion for reconsideration of the Court’s May 20, 2011 grant of a temporary restraining order in In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, 09-MD-2118-SLR (D. Del. May 24, 2011). In denying the motion for reconsideration, Judge Robinson stated that in the context of a post-trial TRO, the “likelihood of success” factor is “simply . . . one of the four factors to be considered when granting or denying an injunction.” Id. at 3. Thus, the plaintiffs were not required to show a likelihood of success on the merits in order to obtain a temporary restraining order. Id. Further, although it is true that the defendants “will suffer harm from the issuance of a TRO” because the defendants already launched their generic product, Judge Robinson found that the balance of harms still weighed in favor of the plaintiffs because “Mylan brought the harm on itself” by choosing to launch its generic before the plaintiffs exhausted their appeals. Id. at 4.
(function() { var scribd = document.createElement(“script”); scribd.type = “text/javascript”; scribd.async = true; scribd.src = “https://www.scribd.com/javascripts/embed_code/inject.js”; var s = document.getElementsByTagName(“script”)[0]; s.parentNode.insertBefore(scribd, s); })();
Delaware IP Law Blog 