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Re: None

Tuesday, 01/13/2015 6:28:55 PM

Tuesday, January 13, 2015 6:28:55 PM

Post# of 20689
For board members following the TEVA/Momenta-Sandoz copax case (guess that's just about everybody): ScotusBlog today provided details of two cases decided last week presumably from last Friday's SC conference. Neither was pertinent to us. I believe one was argued chronologically after the the MNTA case yet the decision was obviously rendered before delivery of that of the MNTA case. More decisions due to be released tomorrow. Not sure what this means but it could support the contention by some that because the court appears divided, a decision may come later rather than sooner. If true it seems odd that circuit court cases being heard now would be deprived of SC guidance re clear error vs de novo process. One would think there is some urgency to provide clarity to the Federal Circuit so delays could be avoided due to lack of clarity on this issue. Anyway I suppose there is some small chance of a decision being delivered tomorrow but if it doesn't happen I think we could be in for a long wait or perhaps it speaks for the SC courts intention to remand anyway so time may not matter much. Just some random musings (a la Dew). I suspect FDA must be waiting for the SC to opine, to avoid any more mishagaus from TEVA. Regards, bp