The Federal Circuit today affirmed an order that denied an injunction against sale of generic antiulcer drugs. Altana Pharma alleged that the generics would infringe an Altana patent. The district court denied Altana's motion for a preliminary injunction, finding a "substantial question" of whether the generic makers' obviousness defense would succeed. Because Altana didn't show that the defense lacked "substantial merit", the Federal Circuit held, the district court didn't abuse its discretion. Altana Pharma AG v. Teva Pharmaceuticals USA, Inc., No. 08-1039 (Fed. Cir. May 14, 2009).
Blawgletter respectfully notes two things:
- We don't know of any non-patent case where a substantial question about a defense kills a request for a preliminary injunction. Do you?
T. John Ward — yes, the patent rocket docket district judge from Marshall, Texas — wrote the opinion. That the Federal Circuit invited Judge Ward to sit by designation seems to us a mighty nice compliment to His Honor.