Replies to post #105408 on Biotech Values

[jbog]

Teva,

Sept 2015 is the EU patent expiration date. May 2014 is the U.S. Patents.

''Teva previously filed a separate lawsuit against Mylan in October 2009 for infringement of multiple patents, including all seven Orange Book patents, covering the chemical composition of Copaxone, pharmaceutical compositions containing it, methods of using it and processes for making it. Those patents expire in May 2014 and September 2015. No trial date is scheduled."""

[RockRat]

"Accordingly, an alleged continuation-in-part application should be permitted to claim the benefit of the filing date of an earlier nonprovisional application if the alleged continuation-in-part application complies with the **>other< requirements of 35 U.S.C. 120 >and 37 CFR 1.78, such as<:

(A) The first application and the alleged continuation-in-part application were filed with at least one common inventor;

(B) The alleged continuation-in-part application was "filed before the patenting or abandonment of or termination of proceedings on the first application or an application similarly entitled to the benefit of the filing date of the first application"; and

(C) The alleged continuation-in-part application "contains or is amended to contain a specific reference to the earlier filed application." (The specific reference **>must be submitted either in the first sentence(s) of the specification or in an application data sheet . . ."

I admit I haven't looked at all the patents in this way; maybe when I get to it I'll find one filed in September. But this one CANNOT claim the filing date of the older, abandoned ap, because it fails part B. Therefore the filing date is in fact the one listed near the top of the CIP ap.

Regards, RockRat