Judge Robinson Grants AstraZeneca's Motion For Temporary Restraining Order Against Generic Manufacturer In Trademark Infringement Action
By Memorandum Opinion entered by The Honorable Sue L. Robinson in AstraZeneca AB, et al. v. Dr. Reddy's Laboratories, Inc., Civil Action No. 15-988-SLR (D.Del., November 6, 2015), the Court granted the AstraZeneca plaintiffs' motion for a temporary restraining order, including ordering defendant to immediately stop the sale, delivery, transfer, or other disposition of its generic esomeprazole product (a purple-colored generic version of Nexium®) that is the subject of the action, pending further hearing or trial of the action. 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...
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