Replies to post #2992 on Enanta Pharmaceuticals Inc (ENTA)

[DC15]

In various locations on the internet there are declarations that the rate of summary judgment for a patent case is 66% and that the rate of summary judgments in favor of the patentee is around 30%. It is my hope that Enanta embarked on this suit expecting to go to trial and expecting to win.

[dewophile]

I think the odds of summary judgment in favor of PFE is higher than that for ENTA, but that the odds of no summary judgement for either is still the most likely outcome. The foundation for the active moiety does predate the pandemic after all bc the molecule is based on a structure designed for the virus that caused the earlier SARS outbreak in the early aughts. That said it does seem like the patent itself, if it stands, does cover paxlovid bc one of PFE's arguments that is public is that the patent was altered after the chemical structure of nirmatrelvir was revealed in 2021 so this could actually go in ENTA's favor as well if the judge really feel the patent shouldn't be invalidated

On April 6, 2021, at a virtual meeting of the American Chemical Society (“ACS”), Pfizer's scientists publicly revealed the chemical structure of nirmatrelvir.... It is Pfizer's position that significant revisions of the patent are based on Pfizer's work in developing nirmatrelvir, disclosed in the April 2021 presentation

https://casetext.com/case/enanta-pharm-v-pfizer-inc-2