Biotech Values

[DewDiligence]

Pretrial Discovery Schedule in Lovenox Patent-Infringement Case

By mutual agreement between NVS/MNTA and Teva, pretrial discovery will continue until Nov 2012. A formal trial date has not yet been set; however, based on the pretrial schedule, a trial could not begin until 2013.

Here is the document filed jointly by NVS/MNTA and Teva with the District Court on 3/4/11:

Click here

We may presume that NVS/MNTA would ask the Court for a preliminary injunction against Teva in the event that Teva were to get FDA approval for generic Lovenox. Therefore, the fact that Teva has agreed to a drawn-out timeline in which a trial could not start until 2013 suggests that Teva has no expectation of getting FDA approval in the next two years. For readers of this board, this is hardly surprising, of course.