Court Won’t Rule on Enjoining Generic Pulmicort Respules Launch Until Merits Trial

In a loss for AstraZeneca Plc, a federal district court June 4 refused to rule on whether to enjoin generic drug companies from launching copycat versions of Astra’s children’s asthma drug Pulmicort Respules (AstraZeneca, LP v. Breath, Ltd., D.N.J., 1:08-cv-01512-RMB-AMD, 6/4/14).

Instead, Judge Renee Marie Bumb of the U.S. District Court for the District of New Jersey said she would rule on the preliminary injunction issue during the merits trial because further proceedings on patent obviousness are necessary.

Trial is set to begin in the case Oct. 6, according to the docket.

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