Replies to post #197091 on Biotech Values

[iwfal]

This whole dispute has not been our patent dispute resolution's finest hour.

I'll say again that this is par for the course. There is a long history of important patent rulings being made by judges who are clearly opposed to the concept of patents (I've read many 10s of them) and/or are incapable of fairly basic logic.

Biggest question - how can any of the companies pay even the lost revenue, much less the damages. They can't turn back the clock and collect more from the payors so the lost revenue is in the billions given past and future.

[north40000]

Reading the 2 posts before yours, and your and iwfal's comments as well, the welter of case law in this arena, like the economists that are very carefully laid end to end around the globe "still sticking out in all directions", leads me to the conclusion that retirement may be a more happy fate. Q.E.D.

I wonder, hypothetically, whether en banc review is in the offing. The Court is blessed with a host of new judges--new judges at times = new opinions.

[DewDiligence]

(MNTA)—the distinction the court drew is the TEVA product [but not the AMPH/AGN product] is made outside the US. That makes no sense at all in the big scheme of things.

Agreed.