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Avanir Pharmaceuticals, Inc. Message Board

  • placesontherun37 placesontherun37 Sep 10, 2013 4:53 PM Flag

    Second day of trial has concluded...

    09/10/2013 Minute Entry for proceedings held before Judge Leonard P. Stark - Bench Trial held on 9/10/2013. (Court Reporter Brian Gaffigan.) (rpg) (Entered: 09/10/2013)

    Sentiment: Strong Buy

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    • avanirpharmaceuticals avanirpharmaceuticals Sep 10, 2013 10:43 PM Flag


    • Places.
      If you would take the time to respond many thanks.

      Why is this going to trial and the others settled out of court ?


      • 1 Reply to fredhercules
      • Its the generics trying to exact the best possible terms. Remember, there are three patents in dispute..the '115, the '282 and the '484...if any one of the three hold up, an injunction will still issue against infringement by Par and Impax..& I think all three will be held up....the "excluding cimentidine" language is key here if you read the Markman hearing ruling by Judge Stark...It does not look good for the generics..

        Here is my thinking...and its just that thinking, not a 100% certain prediction of what will transpire...I have read the Markman many times and just don't think that Judge Stark is too keen on the position of the generics...

        Other things to consider:

        - Settlements in patent cases can happen right up until the time that the bench decision is issued by Judge Stark, a process that will take 6 to 8 weeks after the end of the trial, and more likely, AFTER the end of the testimony of Avanir's strong witness, Dr. Wynn, who is being called out of order, due to a calendaring conflict...

        This guy is a big time Neurologist with extensive experience in Rxing Nuedexta to hundreds of patients; he will provide key "non prior art" testimony, and it is highly unlikely that Judge Stark will issue an opinion without the benefit of having heard Dr. Wynn's testimony...this may push back the date that his bench decision is ultimately released until the meantime, settlement negotiations will continue...I doubt that AVNR will be able to offer the same deal to Par and get them to "go away", the patent lives of 282' and 484' may have to be shortened a year or two before 2026..

        - 60% of the problem is gone now..there are only 2 left...if the generics had such a good case, then why did 3 out of 5 settle?

        Good luck..

        - Quinn Emanuel is a very strong firm and local counsel are good too...

        Sentiment: Strong Buy

    • places, thanks for keeping us up to date on the proceedings. I happened to be over on Pacer looking at other cases, so I copied today's docket, but I'm glad to let you do the honors going forward - should knock a few bucks off my quarterly statement.

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