If I had to put a percentage on it I would say 10-15% prior to the oral arguments, a period of time that includes the pre-argument mediation. If the judges beat Lifescan up at the hearing, as I expect they will, DECN will try, and they are not resource full (as opposed to resourceful), but I expect them to try for an injunction or at lease force a court date for an injunction request to be heard. KB's lawyers, his partners in this case, would insist. That would force Platinum's hands.
Frankly, asking for an injunction would be something I would expect someone amoral to do, because that would freeze the sale of Lifescan's test strips. KB is not amoral, although many of his shareholders are. As bad as J&J has been throughout, for DECN to hurt the diabetics that are serviced is not a good way to win in my opinion.
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