Stay Denied; Expedited Appeal Granted in Namenda Product Hopping Suit

Following the S.D.N.Y.’s award to the New York State Attorney General of an injunction requiring Actavis to continue distributing the immediate-release tablet version of its dementia drug, Namenda (which we analyzed previously), the Second Circuit Court of Appeals has denied Actavis’ request for a stay of the injunction pending appeal. It has, however, granted Actavis’ request for an expedited appellate briefing schedule.