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smallinvestor

02/03/07 8:10 AM

#4473 RE: smallinvestor #4472

oh to add...if the judge is an idiot and ordered the injunction based on 151 only, after she denies JMOL and IC on the 151, the order of injunction is probably going to be stayed pending apeal, which typically takes about 1-2 years. If INSM is any good, it will prolong the appeals process to as long as possible, which say 2 years of appeals. That means if the worst case comes, INSM fail on appeals too, it's already in 2009. Injunction only works for one year, and royalty for the equitable remuneration kicks in for 414, and shouldn't be more than 5% by any measures. Also there is a chance that INSM might be able to finish another method of manufacture by then....that's 2 years from now...it's possible to make all 3 patents irrelevant by 2010.