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DewDiligence

08/02/10 10:56 AM

#100430 RE: drbio45 #100364

MNTA—I believe there is a misconception that the judge would issue a summary judgment. The judge rules on the claims. Based on those rulings the company can request filing a request for summary judgment that the judge can rule on once it is received by the court.

Actually, NVS/MNTA already filed a request for a summary judgment in the Copaxone patent case. It’s unlikely the Court will grant this request, but it could conceivably be done without need for additional papers to be filed by NVS/MNTA.
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drbio45

08/02/10 11:31 AM

#100442 RE: drbio45 #100364

usually you don't file for the summary judgement until the judge issues the claims construction. do you know why they did it this way?