Biotech Values

[mouton29]

Re MNTA grant of PI, cases where PI issued <<I googled each of those instances to see if the PI was unheld. Looks like they all (exclude aL) were upheld >>

I was curious what the standard of review by the appellate court would be. Based on some brief research, I came across this from a Microsoft legal memo in which they appealed a grant of a PI against them. In discussing the standards for appeal, Microsoft stated the law as follows:

The grant of a preliminary injunction will be reversed where the district court "abused its discretion or based its decision on an erroneous legal standard or on clearly erroneous findings of fact." Federal Deposit Ins. Corp. v. Garner , 125 F.3d 1272, 1276 (9th Cir. 1997), cert. denied , 118 S. Ct. 1299 (1998). Review is plenary where the district court is alleged to have relied on erroneous legal premises. See id. The district court relies on an erroneous legal premise "if the court does not employ the appropriate legal standards which govern the issuance of a preliminary injunction." Sports Form, Inc. v. United Press Intl, Inc. , 686 F.2d 750 , 752 (9th Cir. 1982).

http://www.microsoft.com/presspass/legal/01-15appealsbrief.mspx

Needless to say, to the extent that the Court of Appeals has to find that the District Court "abused its discretion" in granting the PI, Amphastar will have a tough burden.