Obvious that amgn had begun negotiations prior to announcement of case decision, however this substantially weakens the value to which yeda could ever hope to negotiate with imcl as they have taken non-exclusivity off the table. The disturbing trend here is that the courts seem to be intent upon making policy to encourage competition and lessen the value of patents and protection from competitors. As with the bmy plavix case the door once opened can not be closed. The rate by definition should be less than half what was being paid previously. This should be a non-issue as the impact will not be felt until appeal, what imcl does need to do now imho is to go to sny and either get sny to take over to defend its economic interest. If sny does not want to do this then it should negotiate with yeda to the same rate amgn negotiated. Because amgn label will be without chemo the potential for royalties will be much less than what erbitux could bring to yeda. If there is no good faith negotiaions from yeda then they should attempt to invalidate patent, to publicly state they are doing all three is what I am most disappointed in. This poisons the well as yeda will not be predisposed to negotiate if they anticipate imcl will be trying to invalidate. This should be a private negotiation issue between them, by thowing it out now it is clear imcl is only reactionary and not strategically thinking, this should not be a surprise to any long here as this type of management style has not changed since the rtf.
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