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dewophile

01/21/11 3:21 PM

#112962 RE: genisi #112959

I would be even more surprised if they have been discussed to support or refute an indefiniteness argument in an earlier patent because they are only related to the characterization of Copaxone by patented markers. Surely Momenta could use other markers or methods



i haven't read the body of the patents, but if they relate to characterization of the molecular weight of copaxone then one can argue that SEC methodology can't accurately assess MW and indefiniteness argument of the 161 patent is bolstered

truth is if these patents were now in play i doubt teva would be sinking today. i think it's the spectre of a preliminary injection against their patents that probably is pushing share price down, although i agree with DD that the fact the judge denied the motion once likely means this is going to trial (although one can hope mylan learned from the judge's prior decision and used a different argument)