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zipjet

08/02/10 1:39 PM

#100453 RE: drbio45 #100442

Summary judgment is a powerful and versatile tool.

It can resolve a case, limit the triable issues or even flush out hidden defenses.

When and how to use it is up to lawyers.

I have not read the particular MSJ or the responses so I can't comment about the details.

ij
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DewDiligence

08/02/10 6:47 PM

#100477 RE: drbio45 #100442

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

Adding to zipjet’s reply in #msg-52880060… one reason NVS/MNTA may have asked for a summary judgment at the outset is their contention that Teva’s Copaxone patents should not have been awarded in the first place due to inequitable conduct (#msg-33580867).