Replies to post #99841 on Biotech Values

[mouton29]

<<It's tough to get a TRO.>>

Isn't 2 on your list -- no TRO if monetary damages suffice - the reason the generics can be launched "at risk", i.e., they pay damages if it turns out they are infringing the patent, instead of being enjoined? Or is that covered by specific legislation?

[DewDiligence]

Sanofi would not suffer irreparable damage (as monetary damages would suffice)…

I’m not sure I entirely agree insofar as SNY’s corporate reputation, which is hard to quantify monetarily, is also on the line in this matter.

All told, I think it’s reasonable to infer that the Court has serious doubts about SNY’s being able to prevail on the merits. The Court not only denied the TRO, but also scheduled the hearing on the preliminary injunction three weeks hence. Had the Court taken SNY’s argument more seriously, I think it could have found a way to schedule the hearing sooner.