Biotech Values

[genisi]

Generic-Protonix

Teva could conceivably be liable for treble damages

Few points why I think Teva would only be liable for single damages even if it loses the trial; first it had secured a favorable lower court ruling on the preliminary injunction in Sep 2007 prior to launching its generic version in Dec 2007, therefore not "willfully infringing". Moreover, as you've mentioned, Wyeth launched an AG and so further damages beyond Jan 2008 were also caused by Wyeth itself. Lastly, the case isn't closed yet, the judge will rule and his decision would probably be appealed. Btw, rumor here is that Phil Frost holds a different view (i.e. different than Eli Hurvitz) about this matter and is trying to settle with PFE.