Eurand, Inc. v. Impax Laboratories, Inc., No. 12-1280 (Fed. Cir. Feb. 1, 2013)

From the Opinion

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Impax Laboratories, Inc. (“Impax”) appeals fro m the November 8, 2011 decision of the United States District Court for the District of Delaware explicitly adding Impax to a preliminary injunction originally entered in May 2011. The injunction barred all generic versions of AMRIX® from the market. Because Impax was subject to EURAND, INC. v. IMPAX LABORATORIES, INC. 3 the May 2011 injunction and failed to file a timely appeal, we lack jurisdiction over Impax’s appeal of the district court’s November 8, 2011 order clarifying that injunction.