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Re: mouton29 post# 11952

Friday, 05/30/2014 10:34:53 AM

Friday, May 30, 2014 10:34:53 AM

Post# of 20689
Mouton, I am no hedge fund, just a little guy trying to do my own DD (with a little help from my friends, that is to say thank you mouton and Dew for your guidance and advice) . I am very willing to read through the court documents, maybe we could divide and conquer!) Issues of de novo or clear error standards aside, at some point the ruling will have to be reviewed and decided specifically related to '808. We know the outcome if a de novo standard is applied. But if the Appellate Court is instructed to apply the clear error standard in the future, I would think we should be able to get a sense for how they might rule based on how polymer scientists view this issue in the real world and how the USPO viewed it then and now (wrapper history). In my research so far including a conversation with a highly regarded chemist, there is no question as to the "fact" that peak molecular weight and average molecular weights yield different results. Period. To just say "molecular weight" and not specify which measurement was used is indeed hopelessly indefinite as different results accrue depending on the type of measurement used (and presumably not specified by TEVA in the '808. ) This is why I want to try to get at what the Sandoz experts said. We know from the TEVA filings what their (paid) expert said (with apparently conflicting information) but what did the Sandoz experts say? And if it was supportive why not include it in the court documents? (That part has me worried--why leave that out?) Is it just so obvious or is there a weakness in the clear error argument. So mouton how do I get at this info even if its just a few lines? I will pay for access if necessary and be happy to share my findings. Regards, bp