Replies to post #113687 on Biotech Values

[zipjet]

But if Teva actually could utilize MNTA's IP to develop the product, and then manufacture it thereafter without the IP, yeah, that would pretty much leave MNTA's IP worth about ZERO. MNTA would need to keep it all as trade secrets and avoid any future publications and patents that require teaching of the process.

Think about the public policy implications of that rule of law. It would mean that the use of the IP and manufacturing needs to be done outside the US in order to avoid the patents granted in the US.

This would favor foreign companies competing in the US and drive US companies to move their violation of US patents outside the US (off-shoring work).

I do not believe the Congress intended this.

ij

[genisi]

None of those cases are similar to the Momenta vs. Teva case and I certainly don't think that Momenta's IP is worthless, rather I wanted to show how the courts increasingly have expanded the scope of the safe harbor provision. Patented research tools may well fall outside the safe harbor exemption.