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Tuesday, May 31, 2016 12:02:39 PM
Oops, hit "update message". Below will be my response in a couple minutes.
My response to a question not posed to me, but I have no manners.
I may not be understanding you, but it seems to me that if regulatory approval of a phase 3 depends in part on demonstrated ability to handle the mfg volume required if the drug becomes part of SOC, then any mfg process that is important to the ability to handle such volume would be relevant for approval. If so, then the patent for that process would matter. If the FDA et al are going to concern themselves with the practical, ultimate realities involving mfg volume, then a related patent would have to be part of that reality. Easy to circumvent? I don't know, but the attitude that the FDA reportedly takes with this kind of issue would not seem to be so relaxed that they would allow the assumption that you would find a way around any patent blocks.
That said, they reportedly already had the patent in question for the US. So it gets mysterious for other reasons than I think you are pointing at in your post.
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