Thanks, Patrick. There are two ways in which the new patent could be consequential: i) by precluding competition from another generic Copaxone (as discussed in #msg-59685034); and ii) by supporting NVS/MNTA’s argument to the District Court that NVS/MNTA’s generic does not infringe Teva’s Copaxone patents in the Orange Book.
With regard to ii) above, non-infringement is one of the four ways in which NVS/MNTA will attempt to win the Copaxone case; the other three arguments are indefiniteness, invalidity due to obviousness/double patenting, and inequitable conduct. Regards, Dew
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