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Re: james murphy post# 326419

Tuesday, 02/23/2021 3:04:27 PM

Tuesday, February 23, 2021 3:04:27 PM

Post# of 425759
Yes, james murphy, you are not only missing something. You are completely missing everything.

The issues in the GSK v. Teva appeal have zero to do with the Rule 60 motion. The GSK v. Teva appeal deals with issues of whether the grant of the generic label induces infringement upon uses that are beyond the label.

The issues in the Rule 60 motion deal with whether the judgment invalidating the subject patents on grounds of prima facie obviousness, should be vacated on grounds of mistake, fraud, fraud on the court, and inequitable conduct.

GSK v. Teva deals with issues after the generic label is granted. Our Rule 60 motion deals with whether the generic label should have been granted in the first place.

While I do comment on the Board here and there, my energies are completely focused on turning the Rule 60 from theory to reality, and getting it filed. Hence, listening to the GSK v. Teva oral argument does not fit within that framework. I hope this sufficiently addresses your concerns.
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