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April 24, 2008




I note that the actual judgment does not mention Caraco case.
It only limits to Medimmune and Teva/ Novartis.

I wonder whether it would have been prudent for Impax to wait for a few more days till such time as Medicis reverted back rather than jumping the gun to file the DJ within 4 days of Medicis' answer.



Thanks for your comment.

Although the decision doesn't cite the Caraco v. Forest case, the court was aware of it. Medicis filed a copy of the decision with the district court on April 3rd.

I'm not sure it would've helped Impax to wait a few more days. They simply don't have the same kind of injury that was alleged in Teva v. Novartis and Caraco v. Forest.


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