Cortex use patents may or may not stick. They may or may not stick for a few years. Challenges can go on forever.
This misses the point. If ampa-upmodulation proves safe and effective, the pie is limitless with markets of many tens of billions of dollars in a rapidly growing aging population. Cognitive improvements in the elderly with and without Alzheimers alone is a ten billion dollar indication in the US alone--maybe bigger and growing. Schizophrenia, Depression, ADHD, sleep, autism, Fragile X, ALS, autism, Huntington's Disease, Parkinson's Disease all roll off the tongue as front line conditions with a hypo-glutamergic component. This is just scratching the surface.
Like SSRI's, a partial but not 'big enough' example, ampakines are an entirely new pharmacology. Assuming LLY wins a patent challenge in three or four years. So what? Did the overwhelming success of LLY's Prozac--first to market for an SSRI--doom the launches for Zoloft, Celexa, Lexapro or Paxil??? How about statins! Does the success of Lipitor(now generic) doom Zocor or Crestor???
For Cortex' structure(s) to capture even a small fraction of this huge market would turn us into a multi-billion dollar cap biotech stock--or more probable--simply bought out ala ICOS or IMNX. These are markets of staggering size. The least of Cortex' problems is what will happen to their use patents. Rest assured of another point as well . . . the more clinical success of LLY's or COR's program(s), the greater the number of companies challenging the use patents. Plus, Cortex just might hold on to their use patent estate.
Safe and effective are the two questions that will be answered in the next few years vis-a-vis ampa receptor upmoduulation. They will determine if we soar or sink . . . not what happens in the patent courts.
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