Replies to post #113282 on Biotech Values

[linhdtu]

So Dew, you are basically saying teva has outmaneuvered mnta's dec law suit to force teva to show its hand.

It seems like teva has won this battle, although not necessarily the war.
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I disagree and think the Judge is now likely to rule that NVS/MNTA’s patent-infringement case is premature. I would be happy to be wrong, of course.
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[dewophile]

I disagree and think the Judge is now likely to rule that NVS/MNTA’s patent-infringement case is premature

well if the fact teva didn't get approved on the current review cycle changes the judge's mind about moving forward with discovery then mnta can be reassured the judge does not feel approval is happening soon, and i think that is something they would share with investors. of course the closeness to approval may be immaterial in whether or not the judge decides to move forward with discovery in this case (as i see it mnta is doing something somewhat unusual in suing prior to teva even being in the marketplace. their argument that such a suit is not premature would have to lie in convincing the judge that discovery prior to a motion for injunction is necessary because once approval occurs there wont be sufficient time to do discovery in time to protect against the infringement. the counterargument to that is of course mnta could just wait and seek monetary damages if ultimately it is deemed they were harmed such that there is no need to sue prior to approval).