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zipjet

09/06/10 4:43 PM

#103553 RE: RockRat #103552

The only way I can read this, is that Momenta/Sandoz's attempts to get a summary judgement based on the earlier testimony didn't work, so they moved to strike that testimony, got it stricken, and now have the testimony of Dr. Gad -- about which we know nada.



Motions to Strike are an important part of advanced MSJ practice. The ability to limit what is put before the court or the purpose for which it is received can be critical to success on the MSJ. I do not know patent practice, but often the rulings on the motions to strike are issued with the ruling on the MSJ.

After I have read the documents, I may be able to be more specific.

BTW - I did not see an MSJ on inequitable conduct in the minutes. Maybe I missed that or it was not in the minutes but in the MSJ grounds.

ij