In-depth reporting and analytical commentary on intellectual property disputes and debates. No legal advice.

Federal Circuit applies Third Circuit law to vacate District of Delaware’s waiver of preliminary injunction bond

Jack Ellis

Context: Otsuka Pharmaceutical sued Hetero Labs in May 2025 in the United States District Court for the District of Delaware, claiming that Hetero’s yet-to-launch generic infringed patents covering Otsuka’s1 treatment2 for neurological disorders. In July 2025, the district court granted a preliminary injunction and waived the requirement for Otsuka to post a bond pending appeal. Hetero appealed, challenging both the claim construction that informed the injunction, and the bond waiver.

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Court and counsel

Panel: Circuit Judge Timothy B. Dyk, Circuit Judge William C. Bryson, and Circuit Judge Kara F. Stoll.

Otsuka was represented by Quinn Emanuel’s Eric C. Stops, James Baker, Francis Dominic Cerrito, John Galanek, Ellyde R. Thompson, and Alexandra Kim.

Hetero was represented by Orbit IP’s Ehab M. Samuel and David A. Randall.

  1. Marketed by Otsuka’s subsidiary Avanir Pharmaceutical, which is the patent assignee. ↩︎
  2. Sold under the brand name Neudexta. ↩︎