Glaxo Group Ltd. v. Leavitt

MEMORANDUM OPINION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS OF LAW

DAVIS, District Judge.

Plaintiff Glaxo Group, Ltd., sought and obtained a temporary restraining order (TRO), which was secured by a $3 million bond, enjoining the effectiveness of the approval by the Food and Drug Administration of an application by intervening defendant Roxane Laboratories, Inc. (Rox-ane), to market fluticasone propionate, the generic form of Glaxo’s patented Flonase, the patent for which had expired. Subsequently, after a hearing, I denied Glaxo’s motion for a preliminary injunction. Now pending is…