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Re: Mpower post# 101746

Monday, 08/16/2010 5:26:24 PM

Monday, August 16, 2010 5:26:24 PM

Post# of 257253
The interesting part of the irreparable harm issue is that both SNY and Sandoz can reasonably claim they would be IH'ed. That is a wash, in my book. But there is also harm to the public and health care system in higher costs if the competition is stopped.

I did not see "unclean hands" [UC] argued against SNY. I would think that is available in an action for TRO/PI. And in this case the UC, namely the fraud upon the Patent Office*, has already been litigated and established through the CoA.

ij



* The fact was recited.


There are times when rules and precedents cannot be broken; others when they cannot be adhered to with safety. (Thomas Joplin)

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