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Re: DewDiligence post# 107908

Tuesday, 11/02/2010 7:43:55 PM

Tuesday, November 02, 2010 7:43:55 PM

Post# of 252800
Perhaps Mr. Marth meant that TEVA already received appreciable benefit from the amount of time that the legal system took to process the Markman Hearing information and to render a decision on the motion for summary judgment. It seems like the summary judgment boiled down to a simple enough decision on whether sufficient information existed in the Judge's eyes to set aside the patent protection. If he was uncomfortable with this decision, then a rapid denial of the summary judgment request would have allowed the decision to be litigated in a more timely manner. Teva in a sense did win a battle in the war based on the amount of time it took for the decision to rendered.

Teva's strategy is clear, file enough motions, counter motions etc. to drive the patent litigation as far down the road as possible (2012 based on today's call). This seems to be an area where Teva excels due to the numerous patent challenges they have launched.

Regards

FL
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