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Biobillionair

01/11/20 11:30 AM

#240093 RE: KevGee59 #240085

Kev- Seriously? As I’ve stated a number of times I anticipate 10,449,172 will be OB’d in January update. This is a composition patent. Irregardless of getting in OB this patent is good until 2038 (I need confirmation on this). Also the 10/4 patent (my nickname for 10,449,172) qualifies for 5 year patent extension for R-I development if OB’d. Total possible lifecycle 2043....that’s 23 years of just Vascepa and doesn’t include MOCHIDA IP or AMR102/103 IP.

Lipitor does not out do Vascepa in IP.

BB

FDA rules and law here:
https://www.fda.gov/drugs/development-approval-process-drugs/frequently-asked-questions-patents-and-exclusivity#howlongpatentterm

Is 10/4 untimely? No. It is a composition patent based on R-I. Direct infringement if using the compound for Marine (arguable) and R-I (cold hard fact) prevents generic sale of Vascepa.