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Re: biomaven0 post# 128106

Sunday, 10/09/2011 8:32:09 PM

Sunday, October 09, 2011 8:32:09 PM

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I'm basing my prediction [of a high-single-digit royalty rate] on the fact that...generally process-type patents don't hold up at all (there is typically some way to circumvent them)…

What are you basing the above assertion on? In fact, US generic-drug litigation pertaining to process patents is extremely rare.

Almost all US generic-drug patent litigation pertains to composition-of-matter patents, formulation patents, or method-of-use patents. Process patents are not allowed in the FDA’s Orange Book, so the rare generic-drug litigation concerning such patents falls outside the scope of the Hatch-Waxman framework.

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