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10nisman

06/26/11 6:01 PM

#122373 RE: DewDiligence #122370

Whatever the Court’s backlog may be, the salient point is that Teva would not have agreed to a 2-year delay in the Lovenox patent-infringement trial if Teva had a serious chance of getting FDA approval for generic Lovenox in the near future. Thus, I stand by my prior assertion on this topic. Other than the ItalFarmaco connection, the drawn-out schedule of the Lovenox patent-infringement case is probably the best nugget of information to show that Teva’s Lovenox program is something of a sham.

Along with your above comments, I think the point that the late trial date wasn't at Momenta's request is bullish. As Rick Shea mentioned in a previous presentation, had the judge thought Teva was close to obtaining tL approval he/she would have scheduled a much earlier trial date.