United States Federal Circuit
Sciele Pharma Inc. v. Lupin Ltd., 2012-1228
In a patent infringement action under 35 U.S.C. section 271(e)(2)(A) brought against a drug manufacturer seeking to launch a generic version of Fortamet, an ex-tended-release tablet of metaformin hydrochloride, "at risk," without a final judgment on the merits in the litigation, grant of preliminary injunction to stop the sale of the generic is vacated where the district court incorrectly concluded that defendant failed to raise a substantial question of validity regarding the asserted claims of the patent, and therefore abused its discretion by issuing a preliminary injunction enjoining defendant from selling its generic product.
Appellate Information
- Decided 07/02/2012
- Published 07/02/2012
Judges
- MOORE
Court
- United States Federal Circuit