Originally published on The BLT: The Blog of Legal Times, this article from Law.com discusses a recent opinion (of 33 pages) to not allow the preliminary injunction requestion by Sanofi in a suit  regarding the sale of a generic. The case, seven years in the making, has not yet been decided. However, it is being carefully monitored as a possible landmark case for generic biologic drugs.

This case (Sanofi-Aventis v. FDC) is over the release of a generic drug to Sanofi's. If Sanofi wins, generic biologic drugs will likely not be allowed without a highly difficult uphill battle. If the FDC wins, they will have a significantly easier one. However, that was not the subject of the recent opinion.

I found this opinion interesting due to the comparison of relative injuries between the company - the exact same on both sides in dollars, but not in percentages of comapny worht - and that of the public. This is the type of case one learns about in law courses!

I don't wish to simply repeat what the articel states, so go check it out for yourself!