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Re: eightisenough post# 344175

Monday, 06/21/2021 10:25:38 AM

Monday, June 21, 2021 10:25:38 AM

Post# of 426409
eight, do you still have time to edit your post, to take out the three extra "ooo"s from "loooong"? One will suffice. LOL!

Seriously, you are correct about the infringement case, especially if GSK v. Teva is upheld. With regard to our current Appeal, we have been transparent since day one that the only thing we can guarantee is maximum effort to present our position in the best possible light.

We do have several factors in our favor which normally militate towards a successful result. Little things like facts, law, science, math, statistics, morality, truth. We can also be encouraged by a very recent Federal Circuit Opinion, written by Judge Dyk, joined by Judge Hughes (they of Rule 36 infamy), where they were very receptive to the Rule 60 fraud arguments. That Opinion will be cited extensively in our Brief.

But despite all of these positives, the negatives are that no Court to date has embraced any of the arguments attacking Judge Du's original Opinion, and that most Appeals are affirmed.

We will not give up trying to maximize our positives to overwhelm the negatives. Even under a best case scenario, however, we are still looking at First Quarter of 2022 before we receive a Decision. That is reality.
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