Have held this stock for so many years I have forgotten most of the issues extant between Cat and Jac. Now, doctors might prescribe the Jac composition, off-label, for adult use. Then:
1) How similar is the Jac composition to the Cat composition? Identical? Similar enough to be equivalent in function and use? I assume Cat has one or more patents embracing its own composition and method for treating LEMS in at least adults.
2) Does Jac have patents encompassing its composition? If Jac does have such patent(s), did Jac file its patent application(s) earlier than Cat filed its patent application(s)? The first party to file a patent application after March 16, 2013 that ensues to a patent grant has priority over a second party under AIA.
3) Did either Jac or Cat file its patent applications prior to March 16, 2013? The AIA statutory law retains the principle that the patent right is granted to the first inventor if that inventor filed its application with an effective filing date before March 16, 2013. The party that asserts first inventorship would have the burden of establishing that fact.
4) The above questions embrace some broadly stated concepts that may become relevant to what happens next. Time to start some homework to refresh memory. I have ignored any NCE status the respective compositions might possess under the Food and Drug laws and regulations
5) Like many others, we have accumulated many tens of thousands of shares; ours have a composite basis of less than $1.00/share.
