United States Second Circuit

In an action to enjoin the manufacturer of Alzheimer medicine from restricting access to its patented drug, Namenda IR, prior to generic IR entry into the market, the district court's order of permanent injunction is affirmed where it did not abuse its discretion by granting State-plaintiff's motion for a preliminary injunction because plaintiff has: 1) demonstrated a substantial likelihood of success on the merits of its claim under the Sherman Act, 15 U.S.C. section 2; and 2) made a strong showing of irreparable harm to competition and consumers in the absence of a preliminary injunction.

Appellate Information

• Decided 05/28/2015
• Published 05/28/2015

Judges

• Walker

Court

• United States Second Circuit

Counsel