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Re: jessellivermore post# 285114

Thursday, 07/09/2020 2:20:32 PM

Thursday, July 09, 2020 2:20:32 PM

Post# of 426569
JL-

I think the Marine win is worthless and there is no way the generics can shoehorn their way into the R-IT indication...Not unless they can get Du's infringement opinion reversed

???

Du did not say anything about R-IT indication infringement. Generics infringe the (currently invalid) MARINE patents. If the DC Order will not be reversed - will be affirmed - generics will not infringe R-IT indication with MARINE label.

why H and R have not moved forward in sell for the MARINE indication..

(i) It is H only ... as first filler
(ii) The DC order could be reversed by CAFC and H has to pay damage if launch now ... furthermore,
(iii) H does not have to launch now ... the 180-day exclusivity will be triggered by launch and H has to launch within 75 days from the final court order (from CAFC - if will not remanded - ... Supreme Court does not matter).

Best,
G

Disclosure: I wrote this post myself, and it expresses my own opinions (IMHO). I am not receiving compensation for it.

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