Replies to post #115955 on Biotech Values

[mouton29]

<< the likelihood of Teva’s getting a PI will be diminished if the Judge believes Teva is unlikely to prevail in the Copaxone trial.>>

Indeed. But switching sides, if MNTA seeks a preliminary injunction against TEVA in the MNTA Lovenox infringement litigation, will MNTA be able to establish that it is likely to prevail on the merits without the discovery that won't be concluded till November 2012?

[exwannabe]

No, we cannot say that. Teva might be able to get a preliminary injunction to block the launch of generic Copaxone; however, the likelihood of Teva’s getting a PI will be diminished if the Judge believes Teva is unlikely to prevail in the Copaxone trial.

My understanding was that most of these PI motions are dismissed for the lack of irreparable damage regardless of other criterion.

On my mental calendar I will leave both penciled in as very unlikely.