The point was not that it is the same molecule as valop, but that it was similar enough that one should check out the Idenix patents from around that time to see what is claimed.
Here is my concern: There is no obvious reason to deuterate this compound other than to avoid other company's IP space.
What doe case law say about what happens if the current owner of whatever patent(s) ACHN was trying to avoid is able to prove that ACHN's production lots contain 1%, 0.1%, or 0.01% of non-deuterated material? You should know the answer to that question if you are heavily invested in this stock. I'll be honest with you: I don't.
I'm a patent dillitante, but a damn fine synthetic chemist. And I think it will be difficult or impossible to make Achillion's target free of detectable quantities of non-deuterated compound.
As for ACHN's comment that they have consulted patent attnys and gotten the go ahead. What else could they possibly say? That they contacted their attorneys and they had some doubts?
News 
Market Data 
Discover 
