United States DC Circuit

In a dispute between the Food and Drug Administration (FDA) and several generic drug manufacturers, a district court's refusal to grant a preliminary injunction forbidding the FDA from allowing a manufacturer to begin exclusive marketing of a generic drug is affirmed where the challenging drug maker had little likelihood of succeeding on the merits of its claim.

Appellate Information

• Decided 06/06/2006
• Published 06/06/2006

Judges

• Before:  HENDERSON, TATEL, and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Jay P. Lefkowitz, Steven A. Engel, John C. O'Quinn, and Michael D. Shumsky filed the motion for summary affirmance and the reply thereto for intervenor Teva Pharmaceuticals USA, Inc., Arthur Y. Tsien, William A. Rakoczy, and Christine J. Siwik filed the opposition for appellant.