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Re: Biopharm investor post# 90907

Sunday, 02/21/2010 1:09:32 PM

Sunday, February 21, 2010 1:09:32 PM

Post# of 257269
Teva launched generic lotrel at risk in 2007. The NVS patent runs thru 2017. Yet here we stand almost 3 years later with no litigation scheduled or other resolution. Correct me if I'm wrong and there was some type of settlement. If NVS was to prevail in litigation, how would damages be calculated? I believe the law allows for treble damages (are these calculated based on sales or profits? Seems like it would have to be based off a sales figure since Teva could claim higher costs (marketing etc.) reduce profits. After 3 years this could be a huge monetary sum that is being litigated.

The NVS & MNTA approach to challenge the patent of Coxapane prior to launching highlights a contrast on how aggressive the NVS management is much more conservative than Teva. Some might indicate that means the the Coxapane challenge might be weaker. I think, NVS management does not want to subject the company to this type of risk.

From what I can see, the NVS Annual Report does not elaborate on the litigation schedule.

FL

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