Mylan Pharmaceuticals, Inc. v. United States Food & Drug Administration

MEMORANDUM OPINION AND ORDER DENYING MYLAN PHARMACEUTICALS, INC.’S MOTION FOR PRELIMINARY INJUNCTION [DKT. NO. 9]

IRENE M. KEELEY, District Judge.

Pending before the Court is the motion of the plaintiff, Mylan Pharmaceuticals, Inc. (“Mylan”), seeking a preliminary injunction pursuant to Federal Rule of Civil Procedure 65. (Dkt. No. 9). Mylan’s motion requires the Court to consider the permissibility of the United States Food and Drug Administration’s (“the FDA”) interpretation of exclusivity rights under the Hatch-Waxman Act for reissued patents. For the reasons that follow, the Court DENIES…