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Replies to #99853 on Biotech Values
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Mpower

07/27/10 12:14 PM

#99855 RE: DewDiligence #99853

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).
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mouton29

07/27/10 1:21 PM

#99868 RE: DewDiligence #99853

Re: Irreparable harm <<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.>>

How so? At least, how so in a way that is not self-inflicted?