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, but the underlying 1260H merits litigation would continue. WuXi AppTec Co. Ltd. (Shanghai:603259; HKEX:2359) (药明康德) could also file an administrative challenge or litigate a designation as 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...