Replies to post #103627 on Biotech Values

[DewDiligence]

Someone who hasn’t been following MNTA evidently thought this meant the generic-Copaxone program was dead. It isn’t, of course; the lack of a summary judgment in the patent litigation merely means that the case will go to trial. Moreover, as noted in my prior post, Teva’s Orange Book patents for Copaxone expire in 2014.

[zipjet]

U.S. District Court for the Southern District of New York has denied a motion for summary judgment filed by Sandoz Inc./Momenta Pharmaceuticals, Inc., that the patents at issue are invalid for indefiniteness.

Well that will save me some reading. :-)

Now we need to see the ruling.

My reading so far has raised two serious questions. Was the late (after expiration of COP1 patent) selection of the low kDa range of COP1 was an advance (reducing tox or improving effectiveness) or a subterfuge to extend the patent life of an advance/patent that already expired? Once the larger range of COP1 has been identified to offer patentable therapeutic value, is a narrowing of that range patentable?

The first of those questions suggests inequitable conduct before the patent office if the narrowing of the kDa was an improper means of obtaining an extended patent term.


ij

[DewDiligence]

Copaxone patent case—Memorandum re claims construction and Order denying Mylan’s motion for summary judgment on indefiniteness (8/24/11; 51 pages):

Image file

Text file (created using OCR software; may have typographical errors)


Thanks to ‘mouton29’ for making these documents available.