ViaDerma Inc (VDRM)

[Fasctrack]

CO422 - Thanks, it makes sense re: legal distinction between an expired patent and an abandoned patent. If we assume for argument sake that Otiko cannot survive a chain of title argument or document any assignment of the IP, any thoughts about "Intervening Rights" in this matter? -

"A patent owner has 24 months to file for revival with the USPTO and pay both the maintenance fees and a revival fee (sounds like Keough failed this requirement). If this happens, 35 USC 41(c)(2) will probably give you intervening rights to sell the product anyway. You'll receive intervening rights if, in good faith, you invested money and went into production thinking the patent was now part of the public domain. Even you haven't started selling the product but can prove that you made substantial preparations to launch it, you might still qualify for intervening rights."