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Biotech / Medical : 2008 Biotech Stock Picking for Charity
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To: rkrw who wrote (131)2/14/2008 9:44:55 AM
From: idos  Read Replies (1) of 322
 
SERP will have to be careful to avoid reverse payment. They might settle with Breath (the one who has 180 days exclusivity) and shave 2 years from the '994 patent, expiring 2013.

In court, the burden of proof is on the FTC to show that the patent(s) would have been successfully challenged if not settled. In the Provigil case, where it has one particle size patent, the patent is indeed weak. Even if the FTC will win, it will probably take a few years, so Provigil will go off patent anyway.
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