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Re: zipjet post# 110043

Saturday, 12/04/2010 6:59:40 PM

Saturday, December 04, 2010 6:59:40 PM

Post# of 257269

The interesting question is what will TEVA do during the litigation. Launch? Wait?



That one's easy, and will be the tip to the ruling were it to occur: if the FDA approves with either this or a new patent infringement suit looking at them, and if it is the same triple damages... then TEVA will launch if they think they will prevail (as they would know if they are or they are not infringing) and they won't if they don't. In the latter case, I don't believe there would be a similar Teva overhang as their lack of filing would indicate they believe they will lose, and MNTA would run.

As to the merits of this particular suit, I doubt it's either as unfounded or as spurious as some here seem to think. Just MHO. No patent lawyer I. I just don't buy the 'strictly for business interests' foundation/motivation for the suit, as that would indicate (to me)a degree of desperation that I don't see on MNTA managements part.

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