United States Third Circuit

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Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc., 13-2290

Denial of plaintiff's motion for a preliminary injunction against defendant, brought pursuant to a Lanham Act claim, is affirmed where: 1) in light of the Supreme Court's decisions in eBay, Inc. v. MercExchange, L.L.C and Winter v. Natural Resources Defense Council, Inc., a party bringing a claim under the Lanham Act is not entitled to a presumption of irreparable harm when seeking a preliminary injunction and must demonstrate that irreparable harm is likely; and 2) plaintiff failed to demonstrate that irreparable harm was likely.

Appellate Information

  • Decided 08/26/2014
  • Published 08/26/2014


  • Chagares


  • United States Third Circuit


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