In this matter, Judge Andrews of Delaware’s District Court rejected an injunction bid by Takeda, which Takeda in turn appealed. The Federal Circuit has now affirmed Judge Andrew’s decision. Important for A2C’s consideration is the Federal Circuit’s opinion regarding irreparable harm, or lack thereof:
This expressed need for reliance on experts is not new. In a CAFC opinion from January 2018, the Federal Circuit took issue with a District Court’s claim construction; however, both the District Court and Federal Circuit agreed with Liqwd’s economic expert analysis of the market. Critical to this opinion is the importance of expert testimony on the issues of both irreparable harm and the definition of the market.
These cases suggest that if a party requests that a court prohibit the sale of product, it had better hire an economic expert to assess harm and to define the relevant market. The courts have spoken.
