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DewDiligence

06/19/11 7:00 PM

#121906 RE: investorgold2002 #121905

Obviousness/double patenting 0%
Non-infringement 10%
Indefiniteness 10%
Inequitable conduct 80%

The four arguments in the patent case are not mutually exclusive, and hence there is no reason why the four probabilities should sum to 100% (as yours do).
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DewDiligence

06/19/11 7:36 PM

#121910 RE: investorgold2002 #121905

do u have the link to [a] message which discusses why the claim "copolymer of lower molecular weight is less toxic" is obvious?

No one has addressed this directly, as far as I can recall. zipjet argues in #msg-56326587 that, if the Judge thinks Teva has engaged in abusive double-patenting, she will find a way to rule against Teva in some manner.