Sanofi still has a chance to prevail on the Taxotere patent at the appellate level, but I don’t think that’s likely. The District Court ruling (see link in #msg-54896294) tears SNY’s formulation patents to shreds.
If I were calling the shots at HSP or Apotex, I would feel strongly enough about my case that I would launch a generic right now.
On the question of SNY’s switching HRPC patients from Taxotere to Jetvana, apart from the medical issues you raised, the timing probably doesn’t work. If Taxotere’s Orange-Book patents are not upheld on appeal, generics will presumably be entrenched by the time SNY could have any meaningful data on Jevtana in first-line HRPC (i.e. second-line HRPC using your non-standard terminology :- ))
The FDA granted tentative approval of this product in Aug 2008; it has now been converted to a final (i.e. marketable) approval on the expiration of the 30-month Hatch-Waxman stay.
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