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Re: None

Tuesday, 06/30/2020 3:37:48 PM

Tuesday, June 30, 2020 3:37:48 PM

Post# of 429086
After reading everything available publicly regarding this case, I think our odds are about a 50/50 chance or maybe slightly above a coin flip. The hurdle of an appeal win weighs us down dramatically but the arguments raised imo are very strong. The science stronger but from what I am learning the science matters much less than the legal errors. Fortunately, Singer challenged the generics to find case law to support weighing of the secondary considerations in the way Judge Du did. Guess what they found none. I think this is our biggest shot at winning. Simply reweighing fairly. Add in the multitude of other legal errors (about Judge stating USPTO didn’t consider Kura. Etc etc) and you can really mount a strong case for a win. I hope these 3 judges get it right and wish oral arguments were sooner.
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