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zipjet

11/04/10 6:10 PM

#108100 RE: DewDiligence #108094

The most consequential downside of the consolidation, IMO, is that it may indicate that the Judge is unreceptive to NVS/MNTA’s argument for non-infringement, which is one of the four legal tacks Wheeler said NVS/MNTA intend to pursue in the Copaxone trial (#msg-56147443).



It should be expected that cases which will turn on common facts, law, and are pending in the same court and time frame will be consolidated. The issue is one of judicial economy and likely not about any preconceptions of outcomes on the part of the judge.

JMO

ij