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investorgold2002

06/20/11 7:20 PM

#121952 RE: DewDiligence #121937

process patents - most likely non-infringement - i would go with RockRat 70%
and maybe 20% for indefiniteness

COM- patents
I stick with my 80% on inequitable conduct
30%(just out of the blue number after reading summary judgement on indefiniteness where the judge says "rather than presenting their expert witness, sandoz tried to rely on attorney's arguments"..so i believe expert witness testimony may help) for indefiniteness

0%- obviousness defense
Sorry to be repetitive on this:-) I have still not heard obviousness defense on the claim "lower mol weight is less toxic" . Why is this finding obvious? could anybody who had read prior art on Copolymer or similar compounds have surmised, that lower mol weight always tends to be less toxic ?