Preliminary Injunction Receives A Shot In The Arm.The U.S. Court of Appeals for the Federal Circuit affirmed a district court's denial of Novo Nordisk's motion to preliminarily enjoin To direct, require, command, or admonish. Enjoin connotes a degree of urgency, as when a court enjoins one party in a lawsuit by ordering the person to do, or refrain from doing, something to prevent permanent loss to the other party or parties. Sanofi-Aventis from "making, using, selling, offering to sell and/or import" Sanofi's SoloStar product. Novo Nordisk Wikipedia is not the place for advertisement or self-advertising. Novo Nordisk (, NYSE: NVO) manufactures and markets pharmaceutical products and services. Founded in Denmark in 1923, the company has since become a world leader in diabetes care with the broadest A/S v. Sanofi-Aventis U.S. LLC (Logical Link Control) See "LANs" under data link protocol. LLC - Logical Link Control , Sanofi-Aventis Deutschland GmbH and Sanofi-Aventis, Case No. 07-3206 (Fed. Cir., July 30, 2008) (Prost prost interj. Variant of prosit. , J.). Novo Nordisk sued Sanofi-Aventis alleging that Sanofi-Aventis, through its sale of its SoloStar insulin delivery device, infringed one or more claims of its patent directed to an insulin injection pen requiring less force to inject the insulin medication. Novo Nordisk moved to preliminarily enjoin Sanofi-Aventis and Sanofi France from making, using, selling, offering to sell and/or importing SoloStar. The district court denied Novo Nordisk's motion for preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits. A preliminary injunction is regarded as extraordinary relief. because Novo Nordisk failed to show a reasonable likelihood of success on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers . Specifically, the district court concluded that Novo Nordisk had not shown that Sanofi-Aventis' asserted defense-that the Sanofi SoloStar product did not infringe the '278 patent because it lacks a direct gearing and a non-rotatable piston rod-lacks substantial merit. In support of its decision, the district court reasoned that Sanofi-Aventis raised substantial questions concerning the specification and whether the Novo Nordisk invention required direct gearing and a non-rotatable piston rod as part of every embodiment. Novo Nordisk appealed. The Federal Circuit held that the district court did not abuse its discretion by finding that substantial questions precluded a finding that Novo Nordisk has a likelihood of success on the merits. According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the Court, the district court found that a question exists regarding whether "the very character of the invention requires a direct gearing and a non-rotatable piston rod." Novo Nordisk argued the claims do not explicitly include these elements, while Sanofi-Aventis countered that the specification is directed to an invention centering on the gear box and non-rotatable piston rod. It held that the invention could not function without these elements. Novo Nordisk argued that the district court erred in its interpretation of the claims and required elements. The Court, however, read the district court's opinion as addressing whether Sanofi-Aventis raised substantial questions such that the preliminary injunction failed on its merits. The Court noted "[a]t the preliminary injunction stage, however, it is irrelevant whether this case presents greater issues of claim construction or validity-the existence of one or both of these issues is sufficient to justify the district court's decision to deny a preliminary injunction." The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Ms Monique Morneault McDermott Will & Emery 600 Thirteenth Street NW Washington, DC 20005-3096 UNITED STATES United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. E-mail: pdevinsky@mwe.com URL URL in full Uniform Resource Locator Address of a resource on the Internet. The resource can be any type of file stored on a server, such as a Web page, a text file, a graphics file, or an application program. : www.mwe.com Click Here for related articles (c) Mondaq Ltd, 2008 - Tel. +44 (0)20 8544 8300 - http://www.mondaq.com |
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