Judge Robinson Grants Astrazeneca's Motion For Preliminary Injunction Against Generic Drug Manufacturer In Trademark Infringement Action

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...