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DewDiligence

09/30/10 2:14 AM

#105408 RE: RockRat #105406

Yielding an expiration date of May 22, 2015 for the new matter.

Please note that Teva said Sep 2015, not May 2015, so the above is not the answer you are seeking.

There are exceptions in which the CIP can claim the filing date of the original ap, but 5,800,808 cannot claim it because the original ap was abandoned.

Abandonment of the original application does not necessarily nullify the original application date for the purpose of calculating the expiration date. The seven Copaxone patents in the Orange Book each abandoned the same May 24, 1994 application as the 5,800,808 patent, but we know that each of these seven patents expires on May 24, 2014 because the Orange Book says so. Regards, Dew