Replies to post #109739 on Biotech Values

[kaivamei]

The extracts from the complaint support dewophile's theory that this is a reply to Teva's posturing (after all, it includes Teva mgmt's statements as exhibits). It reveals MNTA's argument that Teva simply could not meet the FDA criteria without infringing its patents. This is great stuff!

On another issue, the complaint does note that amendments to Teva's ANDA have been filed ("Teva filed an ANDA and amendments thereto with the FDA").

Thanks, stockbettor, for posting those extracts. Very interesting!

[HattieTheWitch]

Thanks very much for the post.

How delicious! The way I read it, it says "Put up or shut up!" And, if TEVA puts up, then they've got to demonstrate that they've done so in some non-infringing manner.

One other thing - I love the multiple citations of TEVA saying "We're close, we're REAL close"!

Beautiful, simply beautiful.

[iwfal]

How timely - this complaint provides precisely the detail I was 'requesting' earlier this week when I was asking whether MNTA had shared any of the details of precisely what of MNTA's suggestions had been incorporated into the FDA enox guidance.

Bow to DD wrt your trust in The Word of The Wheeler (said with humor - but giving real credit to DD).

[north40000]

Thank you for the complaint extracts.

At the moment, I would expect TEVA to file a motion to dismiss (1) for failure of the complaint and its exhibits to state a jurisdictional case or controversy, and (2) for asking the District Court for an advisory opinion.

Assuming the complaint survives that motion(s), TEVA would answer the complaint in a manner unknown to us but for denials of the allegations of the complaint. Subsequent fact discovery by MNTA from TEVA would likely be subject to in camera and outside attorney-eyes only answers to interrogatories and requests for admission. Whether any discovery answers from TEVA reach the public domain at that stage is doubtful, IMO.

Whether those answers become known to select personnel or outside experts of MNTA may be arguable.

Complex situation---and I may not know enough background to provide other than a devil's advocate view. The complaint provides fodder for a strategic fishing expedition.