Appendix 32

• Author: Kenneth Dorsney
• Pages: 747-748

747

ORDER GRA NT IN G MO TI ON FOR TEM PO RA RY RES TR AI NI NG ORD ER AND

PRE LI MI NA RY INJ UN CT IO N

IN THE UNITED STATES DISTRICT COURT

[Name of District]

[DISTRICT COURT CAPTION]

[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION FOR A

TEMPORARY RESTRAINING ORDER AND A PRELIMINARY INJUNCTION

This matter having been opened to the Court upon a Motion for a

Temporary Restraining Order and Preliminary Injunction by counsel for Brand, Inc.

(“Brand”), against Generic, Inc. (“Generic”), and the Court having read and considered

Brand’s Memorandum of Law in Support of Its Motion for a Temporary Restraining

Order and Preliminary Injunction, the Declarations of [Name of Declarant 1] and [Name

of Declarant 2], and other exhibits submitted herewith, as well as Generic’s Opposition

and Supporting Papers, and the Court having found that Brand is likely to prevail on the

merits of this issue, that Brand would suffer irreparable harm if a preliminary injunction

were not granted, and that the balance of hardships and public interest weigh in favor of

granting the preliminary injunction, and upon good cause having been shown,

It is on the __ day of _________, 20__ hereby ORDERED that Plaintiff’s

Motion for a Temporary Restraining Order and Preliminary Injunction pursuant to Fed.

R. Civ. P. 65 is GRANTED; and it is FURTHER ORDERED that:

1. Defendant Generic and its officers, agents, servants,

representatives, employees, attorneys, successors and any and all other persons or entities

acting by, or through, under or in active concern or in participation with any or all of

them, are enjoined from making, using, selling, or offering for sale products falling under

its Abbreviated New Drug Application (“ANDA”) No 00-001 that would otherwise

permit Generic to market a generic version of Brand’s product BrandX (“Generic ANDA

Product”);

2. Defendant Generic (and its respective parents, subsidiaries,

affiliates, partners, directors, officers, agents representatives, servants, employees,

attorneys, successors and all persons in active concern, privity, or participation with

Generic) shall immediately and forthwith issue a recall of all Generic ANDA Product by:

A. notifying immediately any (i) customers or potential

customers, including but not limited to, drug wholesalers, warehousing chains, and mail-

order pharmacies and (ii) pricing organizations, that a full recall has been ordered by this

Court, by sending each of them via e-mail and facsimile a copy of this Order; and

B. arranging immediately for the removal, transport and return

of all of Generic ANDA Product from any facility of any drug wholesaler, warehousing

chain, mail order pharmacy, or any other third party, including without limitation any

Generic ANDA Product in transit, to Generic’s facilities, where the returned Generic

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