@Cookbooks - you are almost spot on. I remember reading that...

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    @Cookbooks - you are almost spot on.

    I remember reading that there was specific anti-competitive legislation introduced to outlaw any commercial/fiscal elements in relation to this type of patent litigation/settlement, what was happening was the Brand company would "pay for the generics to stay away". Generics are happy to step out of the market and the Brand continued to enjoy exclusivity.

    Now any settlement discussion is based on whether the Brand company is prepared to stand behind its patents (we will see you in court) or agree a date that they will step aside and allow generic entrants unencumbered, essentially abandoning their patents. That date is somewhere in between filing of the ANDA and the expiration of the patents, the dynamics of that negotiation hinders on so many elements the least of which would be the size of your legal team.

    CORRECT - "announcement of litigation on the 8th is really the announcement of opening negotiations to become the first generic foot holder on the market"

    CORRECT - "today's announcement is the hint that 2019's negotiations may begin bearing fruit soon". That said we were one of 10+ company's to have 2019 negotiations with the Brand, so not sure how soon is soon. The next announcement regarding a commercial deal for selling of Jublia generic is the important one, if we find a partner then that's a good sign.

 
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