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Re: jbog post# 104172

Tuesday, 09/14/2010 12:09:41 PM

Tuesday, September 14, 2010 12:09:41 PM

Post# of 257257

The lawyers will have to listen because they are claiming that many of the claims that Sandoz made regarding Copaxane[sp] are now off the table. I'm not a lawyer so I don't know what I'm talking about.



I heard nothing in the TEVA call that modifies how I see the denial of SJ on indefiniteness.

The MSJ was denied for failure to eliminate material factual issues. Those issues go to the trier of fact which may or may not give life to the legal theory.

TEVA won nothing on the MSJ that is critical to the outcome. However, the ruling may tell us where the Judge is leaning on invalidating the patent for indefiniteness. The trial could change that.

ij

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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