United States Federal Circuit
Altana Pharma Ag v. Teva Pharms. USA, Inc., 08-1039
In a patent infringement action involving an antiulcer drug, district court's denial of plaintiff's motion for preliminary injunction is affirmed where: 1) plaintiff did not meet its burden of establishing a likelihood of success on the merits with respect to the patent's validity, as defendants made out a sufficient case of obviousness to defer the matter for trial on the merits; and 2) district court did not err in finding that plaintiff failed to demonstrate irreparable harm.
Appellate Information
- Decided 05/14/2009
- Published 05/14/2009
Judges
Court
- United States Federal Circuit