Replies to post #105304 on Biotech Values

[jbog]

Dew,

From what I know Teva has Copaxone patent protection in the U.S. until 2014 and in the EU to Sep 2015.

I don't recall Teva ever separating the two markets in their comments.

[RockRat]

It depends on the new matter, Dew. A CIP adds new matter to an older patent. The older material is patented for 20 years from the filing date of the original application. But the new material does not expire until 20 years after the filing date of the CIP, which is in fact May 22 of 1995 in the case of 5.800,808. Yielding an expiration date of May 22, 2015 for the new matter. There are exceptions in which the CIP can claim the filing date of the original ap, but 5,800,808 cannot claim it because the original ap was abandoned. Says so right there in 5,800,808 in the first sentence, just like it's supposed to. See item (B) here:

http://www.uspto.gov/web/offices/pac/mpep/documents/0200_201_08.htm#sect201.08

So the question becomes, if Momenta/Sandoz launched after 2014 but before May 22, 2015, would they be infringing on that new matter? I haven't looked in any depth at these yet. Perhaps you know off the top of your head what the new matter is. Wouldn't surprise me if it's partly redacted though, and it's just going to be a mystery till it gets to court.

So it's a red herring only if the new matter is not going to be infringed.

Given that, it's not so disingenuous of Teva to say that some of their US patents expire in 2015. That seems technically correct to me.

This little blurb is actually clearer than MPEP.

http://www.freepatentsonline.com/help/item/Continuation-in-Part.html

I have no idea how northstar4000 tried to explain it in his PMs, or if this helped, but I am getting his point of view way better than yours at the moment.

Regards, RockRat