McGregor Printing Corp. v. Kemp

1 Citing case

  1. Mylan Pharmaceuticals Inc. v. Henney

    94 F. Supp. 2d 36 (D.D.C. 2000)   Cited 24 times
    Finding Barr no longer eligible for the 180-day exclusivity period for tamoxifen citrate

    This court, however, has found irreparable harm where the moving party made a "strong showing that the economic loss would significantly damage its business above and beyond a simple diminution in profits." See Mylan 2000, 81 F. Supp.2d at 42; Express One Int'l Inc. v. United States Postal Serv., 814 F. Supp. 87, 91 (D.D.C. 1992) (holding that a bidder demonstrated irreparable injury where loss of 10-year $1 billion contract would cause annual loss of $130 million, would impair bidder's relationships with subcontractors and would likely cause capital costs and lay-offs of employees); McGregor Printing Corp. v. Kemp, 1992 WL 118794, *5 (D.D.C. 1992) ("the irretrievable monetary loss . . . in combination with the loss in employment to [plaintiff's] employees" amounted to irreparable harm). Neither Mylan nor Pharmachemie (1) asserts excessive economic loss, (2) asserts claims of economic or market loss beyond that which is purely speculative or (3) claims injuries beyond economic or market-share loss. (Mylan's Mot. for Prelim.Inj. at 24-25; Pharm.'s Mot. for Prelim.Inj. at 38.)