Saturday, October 29, 2011 12:44:18 PM
"On the other hand if you "choose" cell host line based on certain parameters(to prove sameness) you will likely infringe on MNTA's patent at least for NEXT 20 years-2031(This patent is fresh out of the oven.filed in October 2011) "
Do you think the following scenario is likely:
a) Momenta, for whatever reason, chooses not to make a generic version of drug x
b) Company Z applies for a biogeneric version of drug x
c) Momenta sues them for patent infringement on a generic that is not hurting them in any way
Technically possible - but seems unlikely. The only scenario I can think of where that might happen is as part of a deal with big pharma. E.g. Big Pharma Company A signs an agreement with Momenta to launch 4 different biogenerics, but refrain from launching something that would compete with their own drug Z. Now a different company launches a biogeneric version of drug Z - and Big Pharma Company A uses Momenta's patent to stop the sale of the competitor to their drug Z.
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