For those that may not have been following the discussion on the WARF license and whether or not ACT currently is licensed or not under the(supposedly) broad patent protection of WARF is the basis for which I went back in time to try understanding ACT's strategy with the clinical trials and the possibilities therof.
My interest in doing so was sparked by a question I posed yesterday.
Is it essential at this time or in the near future(years)that we have such broad patent protection or not?
IMO, no. The WARF contract gives the right to use their technology and patents for research but the main emphasis is on commercializing. On many occasions Caldwell mentioned "Freedom to Operate" and it is descried quite well in the following link.
"In such cases, without prior authorization of the patent owners, the risks of being accused of infringement are extremely high. This is why many companies, prior to launching a new product, and often even prior to initiating a new line of research that may lead to the development of a new product, seek to minimize the risk of infringement by securing their "freedom to operate" (FTO), i.e. ensuring that the commercial production, marketing and use of their new product, process or service does not infringe the intellectual property rights of others." http://www.wipo.int/sme/en/documents/freedom_to_operate.html
Does ACT have in their plans being able to commercialize? I don't believe so and have stated that on several occasions and Caldwell saw it as a stretch also about a year ago.(quote below)
"For a small biotechnology company with limited resources, commercialization is challenging. If we reach that point, it is possible that the Company would either have been acquired or have partnered with a larger company more financially capable of commercializing the technology." http://www.sec.gov/Archives/edgar/data/1140098/000101376209001648/form14a.htm
With all of the above in mind, what or where does that leave us in the upcoming years? Part 2 describes a unique situation with many examples of factual results.
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