Intellipharmaceutics International Inc. (IPCI)

[Samsa]

wimike....in the counter claim they are going after recovery of legal fees as well as any other just fees or compensation, this can be argued for lost revenue. However, in order for IPCI to prevail in that, they would first need to have a tentative approval and it be held up by the lawsuit NOT by the fact they don't have a partner. the best the company can get right now is a tentative approval because they haven't partnered and don't have a US manufacturer. They would be smart if they partnered now and go after Purdue for damages. However, it could be the litigation itself which could be holding off potential partners. It's difficult to say.

as to timing they are also asking for summary judgement as well as in injunction staying the FDA's 30 month stay. so if that is granted the FDA can continue with approval while the court case meanders on. at which point as long as they partner there is no lost revenue to IPCI.

G. Awarding Counterclaim-Plaintiffs their costs, expenses, and attorneys’ fees pursuant to 35 U.S.C. § 285, other applicable statutes or rules, or the general power of the Court;
I. Awarding to Counterclaim-Plaintiffs such further relief as this Court may deem necessary, just, and proper.

A. That the Complaint be dismissed with prejudice and judgment entered in favor of Counterclaim-Plaintiffs;
E. Declaring that Counterclaim-Defendants are estopped from enforcing the ‘976,‘933, ‘919, ‘389, ‘391, and ‘060 patents where identical issues of validity have been raised,