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Re: acgood post# 103659

Tuesday, 09/07/2010 5:20:43 PM

Tuesday, September 07, 2010 5:20:43 PM

Post# of 257253
"So, am I correct that the judge could still issue summary judgement (or a denial thereof) on the motion related to inequitable conduct on the part of Teva?"

Don't think so. Inequitable conduct requires a high burden of proof, and summary judgement on that basis even more so. So far as I can tell, the Momenta/Sandoz legal team did not get so ambitious as to file a motion for summary judgement on the basis of inequitable conduct -- or on obviousness, for that matter -- just for indefiniteness. This was filed on 12/23/2009. See

http://investorshub.advfn.com/boards/read_msg.aspx?message_id=54086888

Regards, RockRat

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