Biotech Values

[zipjet]

I don’t think MNTA is a favorite to win the case via any individual argument, but they have four ways to win, which makes MNTA a solid favorite to win the case via some argument.

a 64% chance for MNTA to win the case by some method.

I would put the "win" significantly higher.

If memory serves me, the COM patent expired BEFORE approval* of Copaxone in the US and all these process/methods patents were AFTER approval.

Fundamental to the concept of a patent is that in exchange for a limited monopoly term and associated profits, that the patent disclose sufficient information about the invention that those skilled in the art are able to practice the invention after the term expires. Classic quid pro quo.

IF you can create a drug by a process, obtain a COM patent and only after it expires disclose the process (or even claim improvements to the process), file new process patents and thus double or more the TERM of patent protection for the invention, you have abused the patent system unlawfully. JMHO

(I am not a patent lawyer - so I may be missing something important. There are a couple of them here that may be able to correct me if this is wrong and I am still learning.)

The argument I have just made could be coupled with misrepresentations in the patenting process to support the inequitable conduct theory for a win. Or it could be viewed as a statutory violation and invalidated on that basis.

I do think obviousness/double patenting is the most probable basis for invalidation.

But frankly, all that matters is whether one or more of the patents can block MNTA offering mC. I think the chance of the court blocking mC is very low, something under 10%.

MNTA's objective in this case is to get the judge (no jury here) to WANT to allow a mC or a gC. (Non-infringement conceivably could result in a mC yet deny a specific gC.)

If the judge buys the double patenting, abuse of patent term extension argument, she will find some theory to invalidate/avoid the patents.



ij

* http://www.labeldataplus.com/detail.php?c=8877