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Re: biomaven0 post# 136956

Monday, 02/13/2012 8:28:31 AM

Monday, February 13, 2012 8:28:31 AM

Post# of 257262

Court-imposed royalties seem to be the trend



I agree and I have posted to that effect. The CoA staying the injunction seems to point in that direction.

The key to the argument under the Ebay case is to say that royalties apply when the patent holder/licensee is not practicing the patent. MNTA will say they practice it on every batch of mL. WPI/A will say once the processes have been validated to produce sameness that there is no need to practice the patent.

So while I think this is headed to royalty if MNTA prevails, there is still some chance for a new injunction.

ij

It is astonishing what foolish things one can temporarily believe if one thinks too long alone ... where it is often impossible to bring one's ideas to a conclusive test either formal or experimental. J.M. Keynes

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