United States v. Generix Drug Corporation, a Corporation, Lewis Michael Orlove, Gary R. Dubin, and Ofelia Perez, Individual

JAMES C. HILL, Circuit Judge:

In this case, the district court originally entered a preliminary injunction enjoining Generix Drug Corporation from selling certain generic drugs containing designated active ingredients. The injunction was entered on grounds that the drugs had not been properly approved by the Food and Drug Administration (“FDA”). 498 F.Supp. 288. A panel of the former Fifth Circuit vacated the district court’s injunction and remanded with instruction to dismiss the Government’s complaint. 654 F.2d 1114. The Supreme Court granted certiorari, 455 U.S. 988, 102 S.Ct. 1610, 71…