Biotech Values

[pcrutch]

If I read this correctly, IDIX should be able to win. Not sure what though.

VRUS patent filed in April 2004, IDIX particular patent not filed till June 2008. not sure whats the beef

Example

In such cases, the patent office designates a senior party – the party that filed first – and a junior party. Enzo filed its application first, but the patent filing was delayed and amended over the years before being accepted by the patent office late last year. Caltech filed its application in 1994. According to patent experts, this ruling puts Caltech, and by extension ABI, at a distinct disadvantage.

“My understanding is that the senior party wins 97 percent of the time,” said Richard Warburg, an intellectual property attorney with Foley and Lardner. “It’s a huge disadvantage to be the junior party … because you have the burden to prove you had the invention beforehand. You have to prove you actually made the invention, or that you had a full concept of the invention prior to the other person,” he told BioCommerce Week.

http://www.genomeweb.com/caltechs-junior-status-sequencing-patent-interference-case-could-hurt-abi