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Re: DewDiligence post# 10630

Monday, 06/24/2013 11:02:05 AM

Monday, June 24, 2013 11:02:05 AM

Post# of 20689

The Supreme Court's denial of certiorari effectively ends of Lovenox patent case, as far as I can tell.



I would suggest it depends upon *why* it was denied. I.e. as was pointed out on this board one of Ampha's arguments about certiori was that the case wasn't yet "ripe". Anyone looked at the denial yet?

The District Court will now likely order a dismissal based on the Hatch-Waxman Safe Harbor.



Might that depend upon *how* certiori was denied?

Questions, questions... -g-


BTW - I do think that a part of this was that Sandoz/Momenta was just plain out-lawyered at the appelate level (and above). But maybe that is just my excuse for giving reasonably high odds that the USSC would hear the case -g-.