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Alias Born 03/03/2011

Re: DewDiligence post# 121895

Sunday, 06/19/2011 1:09:09 PM

Sunday, June 19, 2011 1:09:09 PM

Post# of 252255

Obviousness/
double patenting 25%

Non-infringement 10%

Indefiniteness 0%

Inequitable conduct 75%
=================== ===

I have made my case for inequitable conduct. I think this is their best chance. I believe even with the new standard they have a pretty good chance at winning. Of course I am just a layman(not a patent attorney). You can look at my posts on this subject.

Question:
Assume that MNTA/sandoz conducted some studies on rats with copolymer of 13-24ka and found zero toxicity issues. then could such evidence be used to invalidate a patent ..saying the claim itself was based on fabricated evidence(?). What type of defense(not inequitable conduct for sure) would that be ??

If we are lucky, Patentdocs attorneys may well write their take on this high profile case.....I have requested them to opine on this matter. Hope they do!

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