By Memorandum Opinion and Order entered by The Honorable Sue L. Robinson in AstraZeneca AB, et al. v. Camber Pharmaceuticals, Inc., Civil Action No. 15-927-SLR (D.Del., November 19, 2015), the Court granted the AstraZeneca plaintiffs' motion for a preliminary injunction against defendant Camber Pharmaceuticals thereby enjoining defendant from selling its generic esomeprazole product (a purple-colored generic version of Nexium®), subject to the narrow exception set forth in paragraph 3 of the Court's Order.
Weighing all of the factors discussed in the preliminary injunctive relief analysis in the "totality of the circumstances" as set forth in Kos. Pharms., Inc. v. Andrx Corp., 369 F.3d 700, 711 (3d Cir. 2004), the Court concluded that AstraZeneca had carried its burden to prove that it would likely succeed on the merits of the case pursuant to the Lapp factors analysis, that it would likely suffer "irreparable harm" if the requested relief was not granted, and that the balance of hardships and the public interest weigh in its favor. Id. at 5-14.
Copies of the Memorandum Opinion and Order are attached.
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