RMMS Defeats TRO/PI Motion on ORACEA® (doxycycline) Capsules

April 11, 2024 | Small Molecules

RMMS defeated Galderma Laboratories’ request for a temporary restraining order and preliminary injunction, which sought to prevent RMMS’ client, Lupin, from manufacturing, marketing, selling, or using its generic drug during Galderma’s appeal of the district court’s decision involving the rosacea drug, Oracea® (doxycycline) capsules.

On April 11, 2024, Judge Stephanos Bibas of the U.S. Court of Appeals for the Third Circuit, sitting by designation for the District of Delaware, denied Galderma’s request for injunctive relief, noting “Galderma rehashes many of the same arguments that I rejected at trial” and finding that Galderma “cannot show a likelihood of success on the merits” and “has not shown irreparable harm.”

RMMS attorneys appearing for Lupin included William A. Rakoczy, Joseph T. Jaros, Natasha L. White, Katie A. Boda, and Adrianne C. Rose.

About RMMS 

Headquartered in Chicago, RMMS is a full-service litigation and intellectual property law firm with over 30 attorneys devoted to litigation and counseling in life sciences, engineering and other complex technologies, including specialty practice in the field of patent and regulatory counseling and litigation under the Hatch-Waxman Act, the Medicare Prescription Drug, Improvement, and Modernization Act (MMA), and the Biologics Price Competition and Innovation Act (BPCIA).