Generic-drug litigation of process patents is rare in the US market, specifically (because process patents are not allowed in the Orange Book); however, such litigation is common in other parts of the world. In India, for example, process patents were the only protection for most branded drugs until fairly recently when legislation was passed to allow CoM patents in accordance with WTO requirements.
Thus, I would respectfully suggest that there are better templates you could use for handicapping MNTA’s royalty rate on Lovenox if you were willing to do some digging. To place MNTA’s Lovenox process patents in the same boat with mundane formulation patents for a particular salt strikes me as remiss.
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”
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