TEVA has basically argued that in the Momenta - TEVA Lovenox litigation that a PI could not be issued against TEVA because there could be no irreparable harm, since TEVA is creditworthy and can pay monetary damages. Momenta countered and cited three cases where under the facts the entry of an infringing generic was found to cause irreparable harm, one case was the Astrazeneca v. Apotex, another was Abbott Labs v. Sandoz, 544 F.3d 1341 (Fed. Cir. 2008) and the third was Polymer Techs, Inc. v Bridwell, 103 F. .3e 970 (Fed. Cir. 1996).
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