Lipocine Inc (LPCN)

[gi197845]

Isn't this good news for LPCN?

(On a side note, I'm surprised that the already FDA approved TRT that Aytu BioSciences Natesto, nasal spray was not very successful. I would rather use a nasal spray 3 times per day, rather than have to take pills with specific meal requirements.

https://us.etrade.com/e/t/invest/Story?ID=STORYID%3D20170921SN007811&provider=GlobeNewswire

September 22, 2017 9:50 PM ET

Lipocine Announces Motions Decision by USPTO in Interference Against Clarus

Sep 21, 2017 08:00:00 (ET)

Lipocine Announces Motions Decision by USPTO in Interference Against Clarus

SALT LAKE CITY , Sept. 21, 2017 (GLOBE NEWSWIRE) -- Lipocine Inc. (NASDAQ:LPCN), a specialty pharmaceutical company, today announced that the Patent Trial and Appeal Board ("PTAB") of the United States Patent and Trademark Office ("USPTO") issued a Motions Decision based on each party's motions in the interference case, Patent Interference No. 106,045, between Clarus Therapeutics, Inc. ("Clarus") U.S. Patent No. 8,828,428 (the "Clarus '428 Patent"), and Lipocine Inc. ("Lipocine"), U.S. Patent Application No. 14/713,692 (the "Lipocine '692 Application").

The PTAB granted Lipocine's motion to deny Clarus' previously accorded priority date for the '428 Patent. Therefore, Clarus has a new priority date of April 16, 2014 for the Clarus '428 patent. The PTAB also granted Clarus' motion to deny Lipocine's accorded priority date. Therefore, Lipocine's has an accorded priority date of May 15, 2015 for the Lipocine '692 Application. As a consequence of this decision, the PTAB has redeclared the interference and named Clarus as the senior party and Lipocine as the junior party. All other motions were denied. A conference call with the PTAB is scheduled for October 4, 2017 to discuss the next steps, including priority schedule.

"The outcome of the PTAB decision weakens the validity of the '428 patent's priority date from its April 14, 2006 date to its April 16, 2014 filing date. Given pertinent disclosures by both parties that pre-date Clarus's new priority date we are excited about potential options made available to Lipocine to enforce and defend our intellectual property through this decision," said Dr. Mahesh Patel, Chairman, President and CEO of Lipocine."