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DewDiligence

09/22/10 5:59 AM

#104778 RE: rwdm #104776

I do not know how but two of the nine divisional patents [at issue in the patent litigation] are not in the Orange Book.

These two patents (5,800,808 and 6,048,898) are not in the Orange Book for the simple reason that Teva did not request that they be included. Teva may have deliberately kept these patents out of the Orange Book in order to spring them on a patent challenger submarine style.

Whatever the reason for their non-inclusion may be, the expiration dates of these two patents should be should be May 24, 2014, pursuant to the discussion in #msg-54677508.