Tuesday, September 19, 2006 6:19:39 AM
DNA to come up with an alternative move ?....
"In a 140-page opinion, Buchwald indicated it was not a close call because the events described by the researchers and their experts were "strongly corroborated" by documents, while the version presented by the defendants was not. She also found that the plaintiffs' witnesses were, "as a whole, far more credible than the defendant's witnesses."
Lawyers had predicted the case could significantly affect the future of Erbitux, a colon-cancer treatment drug made by ImClone, the company whose founder, Sam Waksal, is serving a prison sentence for his role in the stock scandal that also ensnared Martha Stewart. The ruling means the company will lose exclusive rights to the process used to deliver the drug. Its patent had been due to expire in 2017.
http://biz.yahoo.com/ap/060919/imclone_c...
Important last sentence...'lose exclusive rights to the process'...Again a ruling in favour of INSM!
DNA nor TRCA has been able in the past to produce a drug by a combination of a hormone & proteine!
The Federal Circuit reversed. The court held that three requirements must be met before a non-inventor's recognition of the utility of an invention can inure to the benefit of an inventor. "First, the inventor must have conceived the invention. Second, the inventor must have had an expectation that the embodiment tested would work for the intended purpose of the invention. Third, the inventor must have submitted the embodiment for testing for the intended purpose of the invention." Since Genentech did not submit the fusion protein to the outside consultant for the purpose of determining whether it promoted growth, the three requirements were not met, and the consultant's recognition of utility did not inure to Genentech's benefit.
http://www.pbwt.com/resources/newsletter...
http://www.investorshub.com/boards/read_...
The moves of GSK & NVA yesterday are 'forcing' DNA to come up with an alternative move. A settlement/deal/take over/buy out of INSM would erase lots of 'misunderstandings' between the two and would give both additional benefits!"
Rig ( by rigfbp3 YHMB )
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