The interesting part of the irreparable harm issue is that both SNY and Sandoz can reasonably claim they would be IH'ed. That is a wash, in my book. But there is also harm to the public and health care system in higher costs if the competition is stopped.
I did not see "unclean hands" [UC] argued against SNY. I would think that is available in an action for TRO/PI. And in this case the UC, namely the fraud upon the Patent Office*, has already been litigated and established through the CoA.
ij
* The fact was recited.
There are times when rules and precedents cannot be broken; others when they cannot be adhered to with safety. (Thomas Joplin)