Emergency Injunction Denied

The CAFC occasionally grants emergency motions to stay injunctive relief pending the outcome of an appeal. That occurred earlier in 2007 in the Verizon v. Vonage litigation.

Going the other way, Novartis recently filed an emergency motion to enjoin Teva from selling a generic version of Famciclovir pending outcome of the patent litigation. In early September 2007, the CAFC granted a temporary injunction to block Teva’s introduction into the market. Now, however, after considering the merits of the case, the Court has denied the Novartis suggestion to continue the injunction throughout the litigation.