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Re: DewDiligence post# 3435

Monday, 08/30/2004 3:35:52 PM

Monday, August 30, 2004 3:35:52 PM

Post# of 257375
Agree the authorized generics go against the spirit of the act. But I do think myl is grossly overstating the potential fallout.

There's loopholes that help the generic companies, such as first to file status, encouraging (often) frivilous patent challenges for the reward of being "first to file." Even if they lose the suit, they retain ftf status and exclusivity that comes with it. Most often what has happened when a first to file loses the patent case yet another wins is the status is relinquished in exchange for a portion of the profit. This doesn't seem fair to the generic co. that takes the time to develop a *noninfringing* drug and a successful patent challenge.

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Haven't tried to sell short since the panel, so no idea if I could still find shares. I do think macugen will be approved at the pdufa, but clearly eyet shares are under heavy pressure from the lockup and perhaps rethinking of peak potential.

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