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Re: HinduKush post# 284381

Friday, 07/03/2020 10:28:19 AM

Friday, July 03, 2020 10:28:19 AM

Post# of 426304
HK-you may be correct that generics want to go for it---since they can afford to lose.

But, I don't think they are relenting to "set real legal precedent with traction in future for the real modus operandi of these vultures."

B/c this case is a bit unique, in which Du based her prima facie case upon the USPTO initially rejecting the patents due to prima facie of obviousness--and only approving later due to sec. cons.

Yet, you might be right that they hope the App. affirm the concept of negating one cons. against another--and affirm considering the sec. cons. only after finding prima facie of obv.
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