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Biotech / Medical : Momenta Pharmaceuticals Inc. -- Ignore unavailable to you. Want to Upgrade?


To: idos who wrote (2489)9/13/2010 9:40:30 AM
From: IRWIN JAMES FRANKEL1 Recommendation  Read Replies (1) | Respond to of 3027
 
Prior art and obviousness of the advance over COP1 will be central the the decision.

I tell young lawyers that you first need to make a judge want to rule your way and then give them a clean legal argument for ruling your way.

In this situation, getting the judge to "want" to rule your way means convincing her that Teva has played games to extend patent life long beyond the legal limit.

IF she gets there, she can pick her legal basis among several.

It would take some serious work to convince me that Copaxone was a novel advance over COP1. IF that can be done, idos - you are the one to do it.

:-)

Kind regards,

ij