Biotech Values

[DewDiligence]

One intriguing question is why Teva was anxious to get the three additional patents mentioned in #msg-54113660—the ones pertaining to molecular-weight markers—into the litigation.

Inasmuch as these patents are not (and never have been) listed in the Orange Book, one explanation is that Teva deliberately kept these patents out of the Orange Book in order to spring them on a patent challenger submarine style. If this is the correct interpretation of what transpired, Teva’s game plan backfired when the Court refused to admit the three patents into the case.