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Re: investorgold2002 post# 120742

Monday, 05/30/2011 1:26:35 PM

Monday, May 30, 2011 1:26:35 PM

Post# of 257253

Don't you think "Lower molecular weight of Copolymer is less toxic"
is A NOVEL FINDING?

I’ll answer indirectly. To prevail in the Copaxone patent litigation as a whole, it is not necessary for NVS/MNTA to prevail on all four arguments against each patent; rather, it is merely necessary to prevail on one of the four arguments against each patent.

For instance, if NVS/MNTA can show they do not infringe a particular patent, they do not also need to show that that patent is invalid due to obviousness. Whether Teva/Yeda’s “discovery” of lower toxicity from a narrower range of molecular weights is or isn’t obvious may become moot in the context of the overall patent litigation if NVS/MNTA establish that their production process does not depend on a predetermined range of molecular weights (#msg-63695268).

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