Motion for Preliminary Injunction and Temporary Restraining Order

AuthorKenneth L. Dorsney
Pages853-853
Motion for Preliminary Injunction and Temporary Restraining
Order
IN THE UNITED STATES DISTRICT COURT
[Name of District]
[DISTRICT COURT CAPTION]
PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION
AND TEMPORARY RESTRAINING ORDER
Abbreviated Drug Application 00-0001 pending a trial on the merits. Plaintiff
also requests that the Court issue a temporary restraining order preventing
marketing or selling of that product pending the Court’s resolution of Plaintiff’s
preliminary injunction motion.
The Court has scheduled a hearing on Plaintiff’s motion for a preliminary
injunction for [Date
drug until [Date], but has not agreed to await the Court’s decision on
Plaintiff’s motion for a preliminary injunction prior to launching its generic product.
Thus, in the event that the Court is not able to issue a decision on Plaintiff’s motion until
after [Date], Plaintiff respectfully requests that the Court issue a temporary restraining
order to maintain the status quo pending the Court’s decision on the preliminary
injunction motion. Such power is well within the Court’s authority. See, e.g., Zimmer v.
CopperNeff Advisors, Inc., 523 F.3d 224, 227 (3d Cir. 2008) (noting that the district court
issued a temporary restraining order enjoining the defendant’s activities until the court
held a hearing and entered an order with respect to the plaintiffs’ motion for a
preliminary injunction).
In deciding whether to grant a motion for a temporary restraining order, a court
must balance the same factors relevant to a preliminary injunction: (1) the patentee’s
likelihood of success on the merits; (2) the irreparable harm the patentee will suffer if the
injunction is not granted; (3) the balance of the hardships between the parties; and (4) the
public interest. See Sanofi-Synthelabo v. Apotex, Inc., 470 F.3d 1368, 1374 (Fed. Cir.
2006) (citation omitted); Tootsie Roll Indus., Inc. v. Sathers, Inc., 666 F. Supp. 655, 658
DATED: [Date of Signature]
[Name of Counsel for Plaintiff]
[Name of Attorney for Plaintiff]
[Address of Counsel for Plaintiff]
853
A-36
dor54588_24_app_663–914.indd 853 5/5/16 5:05 PM

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