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Abney v. Amgen, Inc.
Public interest is one of the four prerequisites (or, in some circuits, factors) that courts consider when deciding on preliminary injunctions. Amgen illustrates the black letter law that there is a strong presumption that public interest is articulated by a public agency and its regulatory scheme. Thus, for example, if the FDA has not approved a drug, it is presumed that the drug does not serve the public interest. An agency, created into law by an “organic statute,” in some ways inherently embodies the public interest.
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