Biotech Values

[Mpower]

Irreparable harm is a non-starter under case law... It is highly unlikely that Sanofi will be able to meet the threshold needed to prove irreparable harm.


Bristol-Myers Squibb Co. v. Shalala, 923 F. Supp. 212, 220-21 (D.D.C.
1996) (finding no irreparable harm where the movant would lose eighty million dollars–less than
one percent of its total sales)

Lightfoot v. District of Columbia, No. 01-1484, 2006
WL 175222, *8 (D.D.C. Jan. 24, 2006) (holding that losses must threaten the survival of a
business)

TGS Tech., Inc. v. United States, No. 92-0062, 1992 U.S. Dist.
LEXIS 195, at *10 (D.D.C. Jan. 14, 1992) (finding no irreparable harm where a lost contract
constituted twenty percent of the movant’s business).