Yes, in theory. GILD incurred a slight risk that someone could steal GILD’s trade secrets with respect to TAF and then preempt GILD’s patent filings. However (IIRC), the USPTO was still operating on a first-to-invent (rather than a first-to-file) standard at the time in question, so the parlay described above would have had a rather low probability of succeeding.
p.s. Are you either 'backstroke' or 'Mad_Scientist2' on Twitter?
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”
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