Mutual Pharmaceutical Co. v. Iyax Pharmaceuticals, Inc.

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR PRELIMINARY INJUNCTION

Presently before the Court are plaintiffs Mutual Pharmaceutical Company, Inc., AR Scientific, Inc., and AR Holding Company, Inc.’s (collectively “Mutual”) motion for a preliminary injunction, defendants Ivax Pharmaceuticals, Inc. (“Ivax”), Zenith Goldline Pharmaceuticals, Inc. (“Zenith”) and intervenor Teva Pharmaceuticals, USA’s (“Teva”) opposition thereto, and Mutual’s reply. For the reasons set forth below, the motion for preliminary injunction is GRANTED IN PART AND DENIED IN PART.

Mutual’s business “focuses on drug development, marketing and distribution” of “a wide range of products, including quinine sulfate [that is used] for [the] treatment of malaria.” (Comply 23). Malaria is an ancient disease caused by parasites in the blood that is most often transmitted to humans through mosquito bites, and whose principle symptoms are “severe fever and headache” that can rapidly progress to “coma, renal failure, pulmonary edema, and ultimately, death.” (Deck Joseph M. Vinetz ¶ 4). Quinine is a white crystalline alkaloid that slows the growth or kills the parasites in the blood that cause malaria. See…