It’s rare to see injunctive relief granted at the outset of a patent case, and this report and recommendation and order granting explains why.
A few weeks ago I posted on Judge Payne’s report and recommendation recommending that the plaintiff’s motion for preliminary injunction be granted. Judge Schroeder has now adopted the report and recommendation, finding that the defendant had not raised a substantial question regarding noninfringement of the asserted patents or the validity of the asserted patents. The order also found the reports conclusion consistent with other courts that had evaluated the causal nexus requirement in the context of pharmaceutical products, and that the report had identified “hallmark examples” of irreparable harm, which were “more than adequately supported by the record evidence.” The defendants were ordered to submit a brief of no more than five pages providing its position on the amount of an appropriate injunction bond within 14 days, and plaintiff was ordered to file a response within seven days after service of that brief. 216cv491 RWS Mylan Updated OA for PI
I wanted to write about a couple of recent cases granting injunctive relief in the EDTX, but I can’t think very long about injunctive relief without hearing that the Schoolhouse Rock classic “Injunction Junction, What’s Your Function?” If you weren’t