Replies to post #128013 on Biotech Values

[biomaven0]

Are you saying that MNTA must prove the "validity" of their own patents to win?

Yes. Patents are only really fully tested in litigation. There is of course a presumption of validity because they are issued patents, but the degree of scrutiny a patent undergoes when it is challenged in litigation is a completely different order of magnitude than the scrutiny it initially received at the USPTO.

Peter

[apljack]

MNTA: Can you restate your point in a different fashion please? Are you saying that MNTA must prove the "validity" of their own patents to win?

I'll let JBOG provide his own answer, but I understood his response. The current state of affairs with regard to technology patents, with the vagaries of claims, overlap of "coverage", proliferation of applications and patent grants, and the development of "trolls", all have obfuscated the intention(s) of patents. When an individual or company cannot rely on the USPTO to be clear about whether or not a patent truly holds the water intended, there is plenty of room for others to maneuver into a "patent protected" space.

JM2C,

aj

[jbog]

rwwine,

I would think that somewhere in the legal process that if Watson/Amphastar feel that the process isn't going their way that they'll challenge the validity of the patents.

This doesn't mean they'll win, only that they'll question the patents themselves.