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biomaven0

10/11/11 12:41 PM

#128236 RE: DewDiligence #128232

>process vs formulation patents

I admit this is at best a very rough analogy. But we have no manufacturing process patent cases to guide us (at least that I know of), so the formulation cases are the best we have.

The point of the analogy is mostly that, unlike COM patents, with process/formulation patents there are potentially ways to design around the patent. My single-digit projection is based on a combination of the the "design-around" issue and the uncertainty of the applicability of the FDA exemption to this case.

Peter