Preliminary injunction vacated because defendant’s obviousness argument raised a substantial question of invalidity
Sciele Pharma v. Lupin was decided on July 1, 2012 on appeal from the District of Delaware. The district court granted plaintiff Sciele a preliminary injunction prohibiting defendant Lupin from “further importation and sales of its generic [product].” Lupin appealed. The Federal Circuit vacated the preliminary injunction and remanded. “In deciding whether …