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lizzy241

03/08/22 5:23 PM

#372570 RE: Number sleven #372569

sleven, but doesn't that contradict what the final decision was that Hikma's infringement has been dismissed? It sounds like Andrews is saying no dismissal and the request to sever the 2 meaning Hikma and HN is back to being one lawsuit. What happens to Hikma's dismissal?
I get confused with all the legalese.
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sts66

03/08/22 5:31 PM

#372572 RE: Number sleven #372569

I agree with your assessment, although it's not exactly logical - the court declined to sever the claims filed against Hikma and HN, but he dismissed the claims against Hikma. Read the CC transcript - KM even says they are going to appeal the dismissal of Hikma. What's illogical is how can you dismiss Hikma w/o severing the claims? Only way that make sense is if there were zero overlapping claims. How the judge could dismiss Hikma just from reading briefs is beyond me - that means they had an overwhelming defense that they were not infringing - also points out the any attempt to connect this case to GSK/Teva were misguided, the behavior of Teva was obviously infringing, and Hikma was not that stupid.