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Re: y3maxx post# 109958

Saturday, 12/04/2010 11:20:25 AM

Saturday, December 04, 2010 11:20:25 AM

Post# of 257268
y3maxx and OC631, I don't think we WILL know by years end. TEVA said they would be "disappointed" if they did not get approval by then, and IMHO they (TEVA) will be disappointed indeed. I think MNTAs strategy is to "win by losing." That is, IMHO they intend to lose the patent case on its own merits which will force a TEVA admission that the drugs are not equivalent, this will bear out Dew's assertions if it happens. It seems a reasonable way to try to shorten the uncertainty since as Dew and others have pointed out the FDA does not "reject" ANDAs. This approach will eliminate the TEVA overhang and hasten the M118 timeline. bp

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