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Re: oldberkeley post# 108783

Friday, 11/12/2010 2:16:40 PM

Friday, November 12, 2010 2:16:40 PM

Post# of 252431
OB et al: The author of the MNTA/TEVA post you cited has a vivid imagination, but the underlying argument is quite clueless.

As noted in #msg-56550575, Teva’s behavior has been carefully designed to get the FDA on Teva’s side with respect to generic Copaxone. Suing the FDA regarding Lovenox while MNTA’s Copaxone ANDA is under FDA review is counter to Teva’s objective and is probably the last thing Teva would want to do.*

The contention that Teva will sue MNTA itself regarding Lovenox makes even less sense. Teva does not have legal standing to sue MNTA with respect to Lovenox, and hence the District Court would almost certainly respond to such a suit with a summary dismissal.

The author of the post you cited has been an advocate of some wild conspiracy theories in the past. For instance, he was one of the people who insisted that Cougar Biotechnology was a sham outfit created by investors affiliated with organized crime for the express purpose of destroying DNDN. (He subsequently abandoned this conspiracy theory when JNJ acquired Cougar for $1B in cash: #msg-38039851 :- ))

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*If the FDA eventually approves MNTA’s Copaxone ANDA, Teva might sue the FDA then to block the launch of generic Copaxone (as SNY did with Lovenox), but this is an entirely separate matter from a hypothetical Teva lawsuit about Lovenox.

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