Israel Patent Application Number 172563 to Merck Sharp & Dohme Corp is a national stage entry of PCT/IL2004/019683 titled “PHOSPHORIC ACID SALT OF A DIPEPTIDYL PEPTIDASE-IV INHIBITOR”. It was allowed back in 2008. In October 2008, Teva filed an Opposition. Since then, the parties have filed their summaries after a number of hearings. There were five rounds of evidence, including the three rounds allowed for by the regulations and a further two as a result of a District Court Decision.
The Opposer’s evidence was filed. This was followed by the Applicant’s evidence, the Opposers’s counter-evidence, additional evidence from the Applicant and additional evidence from the Opposer. In January and February 2015 hearings were held.
Now, in November 2015, Teva submitted a further Affidavit. This was, according to Opposer, in response to the Applicant’s claims as raised in Dr Chail’s cross-examination.
Applicant considers this Affidavit clarifies nothing and there is no justification to submit this further evidence at such a late stage.
There was no request to submit additional evidence. and no arguments were provided for allowing an additional affidavit to be submitted.
Ms Bracha ruled that the Affidavit is not considered part of the file and the deadline for the Opposer’s summation has not changed.