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Re: DFRAI post# 86071

Tuesday, 11/10/2009 3:46:07 PM

Tuesday, November 10, 2009 3:46:07 PM

Post# of 257253

Why should the judge allow TEVA to introduce 3 additional patents so late in the trial?

The Copaxone trial has not yet started. (Perhaps you were confusing the Copaxone case with the Lovenox case.)

Obviously, TEVA has engaged in a game to delay the outcome, frustrate the courts. I hope the judge denies their new efforts. If the 3 new patents were relevant - they should have present them during the discovery phase.

The discovery phase has not yet started and will not start until after the Markman hearing in December, where the parties will argue about the meanings of the claims in the Copaxone patents in question.

I think your other comments have some merit—one does have to wonder why Teva is seeking to introduce three obscure non-Orange-Book patents into the proceedings.


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