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Re: iwfal post# 125421

Sunday, 08/21/2011 5:47:28 PM

Sunday, August 21, 2011 5:47:28 PM

Post# of 257257
The patent case is an example of why I don't agree with the majority opinion on this board. I can think of quite plausible explanations for why Teva is agreeable to a delay without any implication that Teva is dubious they will get approval.

For example, Teva might want to tweak their (off-shore) manufacturing process in a way that strengthens their non-infringement argument. Or Teva might believe an approval will come quicker than any possible court decision no matter what the schedule, and believe the more time they have to settle the case before litigation the better.

My basic point is there are plausible arguments that go both ways, and so I think it is mostly a waste of time to try to read the tea leaves here by trying to guess at Teva's motivation (even assuming it wasn't just the judge himself that set the schedule).

Peter

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