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Tuesday, February 23, 2021 10:35:57 PM
It is clear that GSK is working really hard to define this as a partial label infringement. Teva is working really hard to define this as a skinny label claim.
I'm not versed enough (smart enough) to understand definitively why this clarity is so pivotal in this case but it is clear that it is very important to both sides. I think this may be to satisfy the uproar about that this case will destroy skinny labels going forward.
My interpretation after listening is that Judge Kimberly Moore will without a doubt rule in GSK's favor. She was blasting the Teva lawyer up one side and down the other.
Judge Pauline Newman says very little except her interruption of Teva lawyer and stress that he needs to present his case in light of the good for the public interest as a whole instead of the much smaller scope of the interest of private generic companies. With her age and strong patent supported rulings in the past it certainly seems that she would not be swayed.
Judge Prost says very little but I also don't believe she will change her dessent vote.
I feel that GSK's judgement will be upheld. It's a positive for us but not as substantial as I initially felt. Unfortunately we have a high bar to meet to prove infringement from Hikma so it is a clear and obvious as in this case. I feel that Healthnet is much more obvious and clear on infringement.
Do we have to prove Hikma AND Healthnet both infringed or just one OR the other. My hope is that we have emails and communication between Hikma and Healthnet as they set up their sales of IE and through this communication it will be obvious at a deeper level that Hikma was aware of what Healthnet was doing and chose to sale to them understanding their plans.
Just a layman's thoughts.
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