Legal Opinion

Ferring Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc.

Court of Appeals for the Third Circuit

Decided August 26, 2014No. 13-2290PublishedCited by 240 opinions

1Opinion of the Court

OPINION

CHAGARES, Circuit Judge.

Appellant Ferring Pharmaceuticals, Inc. appeals from a District Court order denying its motion for a preliminary injunction against appellee Watson Pharmaceuticals, Inc. 1 This appeal requires us to determine, inter alia, whether a party seeking a preliminary injunction pursuant to a Lanham Act claim is entitled to a presumption of irreparable harm. We conclude that, in light of the Supreme Court’s decisions in eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388, 126 S.Ct. 1837, 164 L.Ed.2d 641 (2006), and Winter v. Natural Resources Defense Council, Inc., 555 U.S.…

2Cases cited32 opinions

  1. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  2. Munaf v. GerenSupreme Court of the United States · 2008
  3. Amoco Production Co. v. Village of GambellSupreme Court of the United States · 1987
  4. Ebay Inc. v. Mercexchange, L. L. C.Supreme Court of the United States · 2006
  5. Monsanto Co. v. Geertson Seed FarmsSupreme Court of the United States · 2010

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3Cited by240 opinions

  1. Colleen Reilly v. City of HarrisburgCourt of Appeals for the Third Circuit · 2017
  2. Bruni v. City of PittsburghCourt of Appeals for the Third Circuit · 2016
  3. Khadidja Issa v. Lancaster School DistrictCourt of Appeals for the Third Circuit · 2017
  4. TD Bank NA v. Vernon Hill, IICourt of Appeals for the Third Circuit · 2019
  5. Arrowpoint Capital Corp. v. Arrowpoint Asset Management, LLCCourt of Appeals for the Third Circuit · 2015

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