Statutory protection is parallel to trade secret protection. Statutory protection is obviously easier and clearer, but its existence doesn't negate trade secret protection.
For example, Sanofi's production process, although available to the FDA, remains Sanofi's trade secret. If it was accessible to anyone, then Teva and others would have no problem copying Lovenox.
Trade secrets can remain valuable even without patent protection. For example, I recall Sepracor licensing Zopiclone's European data package ahead of the approval of Lunesta.
Peter
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