The Big Pharma Muzzle

Lilly Tries to Squelch Zyprexa Docs


December 30, 2006
 

Sender Information:
Eli Lilly
Sent by: [Private]
Pepper Hamlton LLP
Philadelphia, PA, 19103, USA

Recipient Information:
[Private]
www.joysoup.net
USA

Sent via: email
Re: Zyprexa Documents

[Private] - You are facilitating the violation of a Federal Court order. Please immediately remove the link to the file "ZyprexaKills.tar.gz" (or its mirror), including all cached materials, or we will take further legal action against your website.

[private]
Attorney at Law
Pepper Hamilton LLP
[private]
[private]
Philadelphia, PA 19103-2799
[private] - Direct
[private] - Mobile
[private] - Fax
[private] - Direct Fax
[private]@pepperlaw.com
www.pepperlaw.com

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FAQ: Questions and Answers

Question: Who can be bound by a court-ordered injunction?

Answer: Rule 65(d) of the Federal Rules of Civil Procedure provides:

Every order granting an injunction and every restraining order…is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise.

This means people cannot be held to the terms of a court order they weren't a party to and do not know about. Even if they learn of an unrelated order, they are not bound unless they are working with one of the parties.


Question: What is a preliminary injunction?

Answer: An order by the court requiring the defendant to do or refrain from doing some action pending a full trial on the merits of the lawsuit. Sometimes in intellectual property litigation, the property owner, soon after filing the complaint, will make a motion for a preliminary injunction requiring the defendant to stop doing those things the plaintiff alleges are infringing the plaintiff's intellectual property rights.


Question: What is a temporary restraining order?

Answer: A temporary restraining order (TRO) is an emergency order stopping a party from acting before the court can hold a full hearing. Generally, the TRO lasts only a short time before the other party must seek a preliminary or permanent injunction.


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