Teva’s fortune cookie problem is not a trivial one, IMO. If we assume for the sake of discussion that the lawsuit against NVS for theft of Copaxone trade secrets is real, Teva’s argument to the court will contradict Teva’s own argument to the FDA in the Copaxone Citizen Petition. I.e., Teva will be arguing to the FDA that it’s impossible for NVS’ generic Copaxone to be an exact copy of Copaxone, while Teva will be arguing to the court that NVS’ generic Copaxone is an exact copy.
Since both arguments cannot be valid, something will have to give. A settlement would seem to be the most likely outcome, IMO.
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