You have to love Teva . The really know how to play both sides. The are the leader in the Bi-pharmaceutical category
Teva's only arguments are based on feelings of fairness in that they argue it is unfair to let Merck enforce the patent against them. However, once it's realized that the patent here was really on something new, that this is the only patent Merck has listed in the Orange Book on the drug, that Teva wants to make the same exact drug, and that CRT (the patent applicant and actual owner) was a small non-profit cancer research organization at the time it applied for the patent, then it starts to actually seem quite unfair to take the patent away if they did not do anything clearly wrong. Again, the fairness bias has to lie with Merck, not against them.
