PHARMACEUTICALS INC., TEVA PHARMACEUTICALS USA, INC., Defendants-Cross-Appellants ______________________
2017-2078, 2017-2134 ______________________
Appeals from the United States District Court for the
District of Delaware in Nos. 1:14-cv-00882-LPS, 1:14-cv- 00922-LPS, 1:14-cv-00935-LPS, 1:14-cv-00941-LPS, Chief Judge Leonard P. Stark. ______________________
ON MOTION ______________________
Before NEWMAN, DYK, and TARANTO, Circuit Judges.
PER CURIAM. ORDER 2 ACORDA THERAPEUTICS, INC. v. ROXANE LABORATORIES, INC.
pursuant to Federal Rule of Appellate Procedure 8(a) and Federal Circuit Rule 8 for an injunction pending appeal. Specifically, Acorda seeks to enjoin Defendants-Cross- Appellants Roxane Laboratories, Inc., Mylan Pharmaceu- ticals Inc., and Teva Pharmaceuticals USA, Inc., from launching generic versions of Acorda’s brand-name drug Ampyra® before this court’s disposition of the above- captioned appeals on the merits. Defendants-Cross- Appellants filed a response in opposition to that motion, and Acorda filed a reply. Acorda filed its motion for an injunction pending ap- peal on May 23, 2018, after full briefing on the merits of the appeals. This court heard argument on the merits of the appeals on June 7, 2018. On July 23, 2018, Acorda notified the court that “Acorda plans to seek an emergen- cy injunction on July 25, [2018,] absent a change in cir- cumstances.” Acorda Therapeutics, Inc. v. Roxane Labs., Inc., Nos. 17-2078, -2134 (Fed. Cir. July 23, 2018), ECF No. 136. This court evaluates the motion for an injunction pending appeal based on: (1) whether Acorda has made a strong showing that it is likely to succeed on the merits; (2) whether Acorda will be irreparably injured absent an injunction; (3) whether issuance of the injunction will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies. Hilton v. Braunskill, 481 U.S. 770, 776 (1987). Based on the papers submitted and the argument held in June 2018, the court concludes that Acorda has not established that an injunction pending appeal is warranted. Accordingly, IT IS ORDERED THAT: The motion is denied. ACORDA THERAPEUTICS, INC. v. ROXANE LABORATORIES, INC. 3
Sterling Drug Inc. v. Caspar W. Weinberger, Secretary of Health, Education and Welfare, and Alexander M. Schmidt, Commissioner of Food and Drugs, 503 F.2d 675, 2d Cir. (1974)