Biotech Values

[mouton29]

PI - standard of review.

I think the Astrazeneca v. Apotex appeals decision is a better guide to how the Court of Appeals for the Federal Circuit will review the Momenta PI decision. It's been referenced here a few times in the past, a link to the decision is:

http://www.cafc.uscourts.gov/images/stories/opinions-orders/09-1381-1424.pdf

The court starts its discussion by stating that "This court reviews a decision to grant a preliminary
injunction for abuse of discretion. " And they do clearly show deference to the district court in factual areas, such as whether there was irreparable harm -- at one point it says "... this court is not left with a definite and firm conviction that the district court erred by concluding that
the damages AstraZeneca would incur under the settlement agreement would be incalculable. "

But much of the legal analysis is reviewed de novo. For example, " This court reviews the district court’s claim construction de novo. " And the appeals court certainly seem to do plenty of legal analysis of its own -- their decision was 43 pages long.

Of perhaps equal interest, the district court decision (which strangely seems to be sealed) was entered on May 14, 2009, and the appeals court decision was rendered 1 1/2 years later, on November 1, 2010.