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Avanir Pharmaceuticals, Inc. Message Board

  • mickey5848 mickey5848 Jul 23, 2013 3:31 PM Flag

    Patent ruling date...

    I am aware of the patent issues. However, does anyone know when a ruling will be made? Or is the case ongoing and no one has any ideas. I am not looking for an exact date...

    Sentiment: Hold

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    • It's going to be bench trial (no jury, just the federal judge, here Judge Stark), estimated length of this patent trial...10 days...so, should it go forward, it will end around 9/30/13...usually, the judge, here Judge Stark, will take the matter "under submission" (meaning no immediate ruling from the bench, although it does happen and in a case as clear cut as this one is in favor of AVNR, you never know, he could uphold the 282 and 115 patents right from the bench at the end of legal argument/ joint presentment of evidence) after the trial has concluded...He then will draft an opinion...I have looked him up at the Federal District Court in Delaware, and Judge Stark is fairly speedy...he gets most of his decisions out in 6 to 8 weeks' time, after conclusion of the trial...so, unless there is a settlement, which I think is about 95% likely, we should get his written opinion/decision on the case in late November, 2013...in favor of AVNR....count on it...his 12/3/12 17 page Markman memorandum of opinion deep sixed the generic infringers lock, stock and barrel...

      Sentiment: Strong Buy

    • trial date 9.9.13

 
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