Bio,
I do think BP wants NCE to calculate potential profits. If this drug goes onto be a BB as we think it will be, giving BP four years if approved in Ma exclusivity gets rid of quite a bit of uncertainty.
I think it was Sts66 that posted the Propthink discussion with the patent attorney discussing Kerx. He said and I am paraphrasing from memory, .it isn't a question of if generics will sue to invalidate patents to but when they will as they get six months exclusivity if they do.
Amarin like AZN, GSK and others will be sued to invalidate patents especially in my view if is becomes a BB. We should win, but it isn't guaranteed look at Samsung and Apple. I watched Bloomberg awhile back and some analyst was saying over a three year period that Samsung spent over 120million on the defense, court time etc. I do not think is figure included losing or paying fines or lost sales etc.
AZN just lost a major patent for Crestor in Australia and the drug will now have generic competition. I am no lawyer so do your own DD as I am not qualified to render a legal opinion nor would I. We could win the patent defense great but BP alsohas to figure out if we could lose.
Lovaza had three patents and they held up. The number of patents I personally don't care about but the main ones that hopefully will hold up, 889 comes to mind.
Amarin has hedged it's bets by locking up suppliers and making barriers to entry harder. I view NCE as a way for BP to be more certain of the value.
Love to get others insight, this is all m own DD please do your own as I have nolegalexpertise but I did get a speeding ticket thrown out of court, it had nothing to do with the fact the cop didn't show up lol.
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