Replies to post #127017 on Biotech Values

[biopearl]

Zip so why can't Amphastar start at the same place Sanofi does and end at the same place too would that violate Sanofi patents? thanks, bp

[oldberkeley]

Zip: To your knowledge is there a precedent in patent law for the argument that since I am an expert keymaker, and I could make only one type of key to fit that lock, no one else could make another?

[biomaven0]

MNTA is saying they found the key to the puzzle and patented it. IF others use THAT KEY they would violate the patent. They conclude that others are violating the patent by inference from the fact they could not find another key.

Good description.

The trouble with process patents in general is that there is often more than one way to skin a cat, and so people often find ways to circumvent them. I'm not personally aware of a case where a process patent prevented a generic company from launch (not to say there isn't an example though).

At the end of the day, I think a not unlikely outcome is that MNTA gets a couple percent royalty on sales by Amphastar and Teva if the latter ever get approval.

Peter