Biotech Values

[DewDiligence]

Re: Copaxone Markman ruling

I assume the summary-judgment movement from NVS would be based on inequitable conduct (as this would not depend on the markman decision, while non-infringement would).

It may be that NVS/MNTA have taken a two-pronged approach to the request for a summary judgment: i) inequitable conduct; and ii) deficiencies in the construction of Teva’s patents that make them unenforceable (irrespective of a determination on infringement). The judge can presumably rule on i) fairly quickly but might need a lot of time to rule on ii).

Is it possible the Judge is giving serious consideration to this?

I don’t have a better explanation for the long delay, which is now more than seven months.