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Re: dukesking post# 355518

Friday, 09/24/2021 5:59:38 PM

Friday, September 24, 2021 5:59:38 PM

Post# of 426576
Duke, This is not the normal way that this sort of thing usually plays out. This move from Hikma should have been expected. I see 2 good reasons for Hikma's attorneys to do this. First it is a second legal line of defense in the infringment suit. If the legal arguments that the Hikma label and marketing actions aren't infringing don't hold, then they fall back on the argument that the patents are invalid.(I don't think it will work because of #537) Second Hatch Waxman litigation occurs after a generic company files an ANDA before patents that cover the indication expire. They have decided to have that fight now. This moves the timeline forward. This trial will determine the validity of the R-IT patents. At least the 3 in the suit.
Sleven,
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