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DewDiligence

10/28/12 2:38 PM

#151380 RE: pollyvonwog #151379

Note that MNTA has not applied for patents on Humira, Erbitux, or other FoB’s they might be thinking of working on, as far as I know. (MNTA has received a patent relating to Orencia, but it is not a process-oriented patent that would present a blueprint for a competing FoB company.)
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iwfal

10/28/12 2:51 PM

#151381 RE: pollyvonwog #151379

MNTA -

you actually agreed with DD ie the switch to trade secrets before



No. I only agreed that they will have to make a switch 'to the extent that it is possible'. Suggest that you read the entire thread backward. And my opinion hasn't changed. See, for instance, #msg-78188373 from the same thread Dew cited. With the appropriate safeguards the rate of IP leak from the FDA might slow from 5 quarters (ala Lovenox) to 10 - but I am VERY confident it won't be the same as full patent protection - with the FDA in the middle, feeling they have a mandate to get as many generics approved as possible, and retrospectively feeling proprietary information is 'obvious' or 'it was their idea' (and thus not to be protected). A shrinking of, say, 5 years exclusivity to 2.5 years due to a leaky IP dam at the FDA is a big loss.

PS On a larger note - just because I don't push back doesn't mean I've agreed. Only that I don't find continued dialog elucidating.