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Wednesday, 02/24/2021 11:56:53 AM

Wednesday, February 24, 2021 11:56:53 AM

Post# of 424602
GSK vs Teva - Having listened to the whole Hearing:

My take on this: Yesterday was just an opportunity for the Judges to clarify the difference between "a clean cut Skinny Label" that is handled exactly as Hatch/Waxman intended for it to be vs. how a Generic can have a "Skinny Label" yet still "Infringe on a Patent" for all of the World to hear and understand. The Judges seemed to want to make sure everyone understands Skinny Labels are alive + well and will always be protected by Hatch/Waxman!

This seemed to be a bit of a Clown Court where anyone listening to it could hear that there was NO new evidence by Teva to say they did not Infringe.

The Judges clearly explained the two interpretations (a properly utilized Skinny Label vs Infringement) and gave the Teva Attorney several unsuccessful chances to show that they did not Infringe. How many times did the one Judge say: "Do you understand why I am asking you these questions?" which was code for: "Give me some reason to be able to overturn the Jury's decision..."

They couldn't...

It felt good to be on what hopefully appears to be an Affirmation of the original Jury's decision...

I did not hear anything yesterday that went in favor of Teva's argument(s)...

The GSK Attorney basically hit a Home-Run in my opinion!
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