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Re: DewDiligence post# 107908

Tuesday, 11/02/2010 7:25:14 PM

Tuesday, November 02, 2010 7:25:14 PM

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On a related note, Bill Marth claimed on a webcast in September that the Copaxone patent case was effectively decided in Teva’s favor already and that Teva would probably file a motion for a summary judgment that the patents are valid and infringed.

Has anyone seen such a motion?



Summary Judgment can be requested by either side in a case. It can also seek an order that certain facts are established such that they need not be proven at trial.

As I recall the practice, a defending party on a SJ did not even have to ask for SJ for the court to be able to grant the defending party SJ. (Admittedly, this was and likely remains a rare occurrence.)

Bottom line is that TEVA certainly could seek SJ (if they had not already) that the patents are valid and infringed.

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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