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Santarus, AŞ Message Board

  • dippipeguy dippipeguy Sep 6, 2012 10:28 AM Flag

    PAR 8k

    Looks like Par is going to petition the court for a "Rehearing". Suckers don't realize they are lying on the ground with a broken nose. Longer they drag out the legal matter, the more the damages will be. Hopefully the appeals court will quickly rule on the petition and get it back to the lower court.

    "The Company believes that the Court of Appeals erred, among other matters, in its reversal of the District Court's obviousness holding by failing to address crucial evidence that the Company believes substantiates the District Court's findings, and the Company intends to petition the Court of Appeals for a rehearing by the original panel or en banc on this issue and potentially others. The Company expects the Court of Appeals to grant or deny the Company's petition for rehearing during the fourth quarter of 2012 or first quarter of 2013. If the petition for a rehearing is denied or the decision on the rehearing affirms the validity of the claims of the patents-in-suit, the case will be remanded to the District Court for further proceedings pertaining to damages. The Company believes a trial on damages would not likely proceed before the end of 2013. At such a trial, the court would consider a range of measures including, but not limited to, lost profits or a reasonable royalty, although the Company would argue that Santarus is entitled to neither lost profits nor enhanced damages. Any such damages awarded by the court could be substantial and could have an adverse affect on the Company's results of operations, financial condition or cash flows. The Company has ceased further distribution of its generic omeprazole/sodium bicarbonate 20 mg and 40 mg capsule product pending further developments. "

    Sentiment: Buy

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