Let's Fix The Patent-Specific Preliminary Injunction Test
April 5, 2013, 1:04 PM EDT
Law360, New York (April 5, 2013, 1:04 PM EDT) -- For pioneering biopharmaceutical companies, the ability to exclude a generic competitor from the marketplace is vital. The post-stay entry of a generic often permanently destroys the market pricing on which the pioneering company depends to recoup investment, provide appropriate reward for risk, and provide the funds for further research and development of new biopharmaceutical products.
It is thus critically important to biopharmaceutical companies, in particular, that the district courts and the Federal Circuit apply the right preliminary injunction standard. But they do not. They apply a...