United States Federal Circuit

A preliminary injunction granted pursuant to plaintiff's claims alleging infringement of its patents relating to extended release formulations of a broad spectrum antibiotic is vacated where: 1) plaintiff failed to establish a likelihood of success on the merits; 2) plaintiff failed to establish that irreparable harm supported the grant of the injunction; and 3) the public interest benefited from a denial of the injunction.

Appellate Information

• Decided 06/22/2006
• Published 06/22/2006

Judges

• Before NEWMAN, GAJARSA, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Jeffrey I. Weinberger, Munger, Tolles & Olson LLP, of Los Angeles, California, argued for plaintiff-appellee.   With him on the brief were Ted G. Dane and Andrea Weiss Jeffries.   Of counsel on the brief were Jennifer L. Polse and Jason Rantanen, of San Francisco, California.   Of counsel were Todd J. Ehlman and R. Mark McCareins, Winston & Strawn LLP, of Chicago, Illinois., James Galbraith, Kenyon & Kenyon, of New York, New York, argued for defendant-appellant.   With him on the brief were Maria Luisa Palmese and Robert V. Cerwinski.