WuXi AppTec’s injunction may hinge on ‘irreparable harm’

At a hearing Wednesday, the judge weighing WuXi AppTec's bid for a preliminary injunction against its designation as a “Chinese military company” voiced skepticism about key elements of the government's case. He did not tip his hand about a factor that could prove decisive: whether the company is suffering irreparable harm.

Failure to persuade the court on irreparable harm could sink the injunction request, leaving WuXi AppTec Co. Ltd. (Shanghai:603259; HKEX:2359) (药明康德) the option to litigate only after it is designated a “biotechnology company of concern” under the Biosecure Act. The Office of Management Budget has a Dec. 18 deadline for publishing the initial list of biotechnology companies of concern...