A summary judgment by the US District Court is possible but unlikely, IMO. Barring that or some kind of settlement (also unlikely, IMO), the Copaxone patent case will go to a full-fledged trial, where it might take until 2012 for the Court to render a judgment. (If NVS/MNTA think their legal case is exceptionally strong, they could launch “at-risk” at the later of Feb 2011 and whenever they get final FDA approval.)
Teva’s process patents should be relatively easy for MNTA to circumvent; I think it’s fair to say that NVS would not have partnered with MNTA on this program if there were significant doubt about this.
Teva’s composition-of-matter patents present a higher hurdle, but #msg-36604466 and #msg-45808367 offer a hint of how NVS/MNTA might get around them.
If nothing else works, NVS/MNTA also have the inequitable conduct angle (#msg-33580867). Regards, Dew
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