By Memorandum Opinion entered by The Honorable Sue L. Robinson in AstraZeneca AB, et al. v. Dr. Reddy’s Laboratories, Inc., Civil Action No. 15-988-SLR (D.Del., November 6, 2015), the Court granted the AstraZeneca plaintiffs’ motion for a temporary restraining order, including ordering defendant to immediately stop the sale, delivery, transfer, or other disposition of its generic esomeprazole product (a purple-colored generic version of Nexium®) that is the subject of the action, pending further hearing or trial of the action. 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 to prove that it would likely succeed on the merits of the case, that it would likely suffer “irreparable harm” if the requested relief was not granted, and that the balance of hardships and the public interest weigh in its favor. Id. at 5-13.
A copy of the Memorandum Opinion is attached.