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investorgold2002

06/18/11 10:44 AM

#121872 RE: DewDiligence #121868

"should judge timely find inequitable conduct after bench trial,
the judge could be persuaded to enter final judgment which TEVA no doubt would appeal to Fed. Cir. That has advantage of delaying or staying a trial on the merits of validity and infringement"




while i am not a patent attorney, this is not making sense to me.The 2 trials for the different defense arguments by defendants.
I think the 2nd trial is NOT needed if the 1st trial invalidates ALL patents based on inequitable conduct. If TEVA wins in the 1st trial, then of course the 2nd trial would be needed for the other defense arguments(indefiniteness, obviousness and non-infringement)
So IMO TEVA loses in the 1st trial on ALL patents, there is no 2nd trial. Of-course there would be a Teva appeal