A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Temporary Restraining Order

The patentee's <a href='#' class='abbreviation' data-bs-toggle='tooltip' data-placement='top' title='Temporary Restraining Order'>TRO</a> attempt worked out about as well as this (unmanned) rocket's attempt to reach orbit.
The patentee's TRO attempt worked out about as well as this (unmanned) rocket's attempt to reach orbit. Tim Mossholder, Unsplash

Ouch. In Nivagen Pharmaceuticals, Inc. v. Amneal Pharmaceuticals Inc., C.A. No. 24-846-GBW (D. Del.), the patentee plaintiff filed suit to stop a competitor from launching a drug that it says would infringe its patents, after the competitor received FDA approval.

(Because this was not an ANDA, there was no automatic stay.)

The plaintiff filed a TRO motion on August 13, shortly after its complaint. For at least two of the …