The state intends to use a synthetic opioid - involved in more than 20,000 overdose deaths in 2016 alone - to kill Scott Dozier, a double murderer, after finding it hard to obtain other drugs for Nevada's first execution in 12 years because of opposition from pharmaceutical manufacturers.
In its lawsuit on Tuesday, privately held Alvogen said use of its product midazolam for an execution would cause "irreparable injury" to "its reputation and its goodwill". A previous challenge in Arkansas was unsuccessful.
Nevada corrections officials revised their lethal injection protocol last week, saying they were switching to midazolam to replace expired prison supplies of another sedative, diazepam.
Dozier told a judge that he doesn't really care if he suffers when he dies.
Dozier was also convicted in the 2005 murder of Jasen "Griffin" Green in Phoenix before the trial in Nevada.
Scott Dozier, 47, has said there's only so many paintings you can do behind bars.
Jordan T Smith, an assistant Nevada solicitor general, countered at Wednesday's hearing that Nevada did not put up a "smokescreen" or do anything wrong in getting the drugs.
Many states are having difficulty obtaining the drugs for lethal injection cocktails, as manufacturers increasingly object to having their drugs used in this way.
The Arkansas Supreme Court ruled against the company and allowed that execution to go forward, but legal questions about whether pharmaceutical companies can block use of their drugs in the death penalty haven't been resolved, Dunham said.
Drug company Sandoz wants to join New Jersey-based drugmaker Alvogen in its objection to the Wednesday evening execution of Scott Raymond Dozier.
The delay leaves Nevada reassessing its options and stokes a debate about how the 31 states that have capital punishment can put anyone to death in an era when pharmaceutical companies ban their products for that use. She says she did not know of any alternative.
Since then, it has been subject to legal challenges at state and federal levels by inmates and drugs companies.
Death row inmate Scott Dozier appears before District Judge Jennifer Togliatti during a hearing about his execution at the Regional Justice Center on September 11, 2017, in downtown Las Vegas.
The Nevada department of corrections said it had no comment on the lawsuit. That drug has become controversial for its use in executions, and Alvogen highlighted some of those incidents in court, including the bungled 2014 Oklahoma execution that saw an inmate grimace and kick, an Arizona execution that same year that took almost two hours and the 2016 Alabama execution that had witnesses recounting that the inmate coughed and heaved.
Death-penalty watchers have pointed to inconsistent results with midazolam since the 2014 executions of Dennis McGuire in OH and Josph Rudolph Wood III in Arizona.
In court papers, Alvogen also cited the risk of a botched execution, citing instances in Alabama, Arizona and Oklahoma in the past few years in which inmates were left gasping or snorting, appeared to regain consciousness or took an unusually long time to die.
"Life in prison isn't a life", Dozier told the Las Vegas Review-Journal on Sunday morning.
Question marks remain as to whether drug firms can demand their products are not used in executions if states have managed to obtain them.
In court hearings and letters, he said there is a limit to how much artwork and exercise a person can do in prison. Miller's head was never found and he was identified by tattoos on his torso.
Investigators deduced that Dozier had offered to help Mr Miller obtain ingredients to make meth in exchange for US$12,000. A witness there testified that Dozier used a sledgehammer to break Greene's limbs so the corpse would fit in a plastic tote that Dozier used to transport methamphetamine, equipment and chemicals.
Dozier suspended any appeals of his conviction and sentence, which would make him one of about 10 percent of the 1,477 inmates who gave up appeals and were executed nationwide since 1977, according to the Death Penalty Information Center.
They argued that the untried three-drug combination would be less humane than putting down a pet.