Generic drug draws preliminary injunction

Description

Abstract: A label for an asthma drug indicated that it could be administered once or twice daily, but the patents described once-daily treatment. Another company sought FDA approval to manufacture and sell a generic version of the drug for twice-daily use. The original manufacturer sought a preliminary injunction barring the applicant from launching its version of the drug. The district court issued the injunction, and the applicant appealed. But, as this article details, the Federal Circuit affirmed the granting of the preliminary injunction. AstraZeneca LP v. Apotex, Inc., Nos. 2009-1381, 2009-1424, Nov. 1, 2010 (Fed. Cir.)