If the FDA approves NVS/MNTA’s ANDA before the Copaxone patent litigation has run its course, I expect that Teva will quickly settle, rendering our speculation about the various legal arguments superfluous.
And if the FDA approves the ANDA after the patents expire, our speculation about the various legal arguments will be also be superfluous. :)
I think the recent developments in the standard for inequitable conduct make this argument something of a long shot. I still think the lack of enablement/best mode/insufficient disclosure constellation might prove to be the strongest arguments.
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