Replies to post #113306 on Biotech Values

[zipjet]

Could a third possibility be that TEVA does not know for sure if they are infringing -or- have some inkling that the patents are unenforceable against their methods? Then we are back to TEVA proceeding as they have been and letting a judge decide.

Yes.

In complex cases, even fine attorneys skilled in the area, and familiar with the facts, will have difficulty predicting the outcome of a case.

You never know when some email by an ignorant employee will turn up that appears to be the proverbial "smoking gun". What if there is an email by an employee of TEVA pointing out that they can use MNTA's patents so long as they do so outside the US and once they have developed the process, work to replace patent infringing processes with non-infringing controls.

Some court might find that unlawful. :-)

One more thing. Companies should never allow more review of their internal workings than is absolutely necessary. The legal cite for that is The Godfather*.

ij

* Don Corleone: What's the matter with you? I think your brain is going soft with all that comedy you are playing with that young girl. Never tell anyone outside the Family what you are thinking again.

http://en.wikiquote.org/wiki/The_Godfather