`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`GENENTECH, INC., INTERMUNE, INC.,
`Plaintiffs-Appellants
`
`v.
`
`SANDOZ INC., LEK PHARMACEUTICALS, D.D.,
`Defendants-Appellees
`______________________
`
`2022-1595
`______________________
`
`Appeal from the United States District Court for the
`District of Delaware in No. 1:19-cv-00078-RGA, Judge
`Richard G. Andrews.
`______________________
`
`ON MOTION
`______________________
`
`PER CURIAM.
`
`O R D E R
`The appellants move to enjoin, pending appeal, the ap-
`
`pellees from marketing, selling, offering for sale, or import-
`ing into the United States the appellees’ pirfenidone
`product and request an interim injunction pending consid-
`eration of the motion. The appellees oppose.
`
`
`
`
`
`
`
`Case: 22-1595 Document: 19 Page: 2 Filed: 05/09/2022
`
`2
`
`
`
`GENENTECH, INC. v. SANDOZ INC.
`
`Rule 8(a)(2) of the Federal Rules of Appellate Proce-
`dure authorizes this court to grant an injunction pending
`appeal. Our determination is governed by four factors: (1)
`whether the movant has made a strong showing of a likeli-
`hood of success on the merits; (2) whether the movant will
`be irreparably injured absent an injunction; (3) whether is-
`suance of the injunction will substantially injure the other
`parties interested in the proceeding; and (4) where the pub-
`lic interest lies. See Nken v. Holder, 556 U.S. 418, 434
`(2009).
`Based on the papers submitted and without prejudic-
`ing the ultimate disposition of the appeal, we conclude that
`the appellants have not established that an injunction
`pending appeal is warranted here.
`
`Accordingly,
`
`IT IS ORDERED THAT:
`
`The motion is denied.
`
`
`FOR THE COURT
`
`/s/ Peter R. Marksteiner
`Peter R. Marksteiner
`Clerk of Court
`
`
`May 9, 2022
` Date
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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