Doctors say that both drugs may work equally well over the shorter time period, but Roche has proven its case with clinical trials and Schering has not.

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But Roche also argued the case should have been thrown out in the first place, because Kendall had waited long past the two-year statute of limitations to file her case.

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Meanwhile, Sharer is concerned that Roche may launch CERA before the patent case goes to trial.

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Roche will retain liability for any fresh claims arising from the case.

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Patrick Roche, the lawyer representing her father John, argued that the case should be heard in front of a jury because of the high levels of chloral hydrate prescribed after her release by her doctor.

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In another Brazilian case a doctor is suing Ranbaxy because she says its version of Roche's acne medicine Accutane caused her son to have a stroke.

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Roche was among the prosecution's star witnesses in two racketeering and murder trials in the case.

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In Havana, Lynn Roche, an official with the U.S. Interest Section, said section officials couldn't discuss any case of an American who hasn't signed a privacy act waiver.

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