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Abbott Laboratories v. Sandoz, Inc. (Fed. Cir. 2008) - Part II

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

Opposing Federal Circuit Preliminary Injunction Standards in Abbott Laboratories v. Sandoz By Kevin E. Noonan -- The decision of the Court of Appeals for the Federal Circuit in Abbott Laboratories v. Sandoz, affirming the District Court's grant of a preliminary injunction, nicely illustrates the way the Federal Circuit exercises its prerogatives in applying the abuse of discretion standard. In our previous post, we discussed the portion of the decision relating to how the CAFC reviewed the District Court's determination of the first prong of the preliminary injunction standard, establishing a reasonable expectation of success on the merits, with regard to...

Full post as published by Patent Docs on October 30, 2008 (boomark / email).