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vrtl1999

01/04/06 7:30 PM

#209 RE: rstor1 #207

Bob,

I may be reading the situation wrong but I feel that the risk to the patent litigation is not as risky as say before FDA approval with full orphan status. My feeling is that the FDA has deemed iPlex somewhat different than Increlex. It will be interesting to see the review of approval proccess by the FDA. I think it will be telling in as much as where the FDA felt the merits for approval lay. Soon the FDA should release the review proccess on the MCM portion of the NDA and there I think will be revealed the crux to the patent issue. I'm not saying that TRCA will drop the case but we'll (learned persons in law)be able to handicap our chances.


regards,
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ct_litigator

01/04/06 8:02 PM

#211 RE: rstor1 #207

I have to respectfully disagree about the lawsuit being a "toss up" ... I just don't see it that way. I think our chances are signficantly greater than 50/50. It's no guarantee slam dunk either way, but I do see the odds significantly in INSM's favor based on my research into the case to date. You may have some information regarding the case I am not aware of as you have followed the company longer, however, but at this point, I'm firm in my position.

Your input on the company has been most informative btw and I hope you informed posts continue.

CT