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« Pfizer Inc. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2014) | Main | PTO Day »

February 07, 2014

Comments

"There was a great deal of crowing by the ACLU and its friends and supporters."

Hey Kevin,

There sure was. Are they still "crowing" now?

Giddy much?

As the great Inigo Montoya said "I do not think it means what you think it means."

"while cooler (and more experienced) commentators"

Kevin Noonan is bragging about his ability to modulate himself?

That's funny.

JNRoss,

Tell me something really funny. Are you the posted commonly known as Malcolm Mooney, MM, or any of a multitude of various other names?

Thanks.

Well, Gary, if you know something, share. Otherwise, just admit that this round has gone to Myriad - doesn't mean they will ultimately prevail, but it is a good start.

Here's what I know:

1. patent litigation is expensive
2. 2016 is pretty soon
3. patent litigation is expensive

Absolutely agree with Gary. The patents only have 2 more years left. Even if Gene-by-Gene does invalidate Myriad's patents, the profit it can generate in the U.S., in what seems to be a crowded market now (Quest, Ambry, Labcorp, Invitae...), does not necessarily justify the litigation costs. The most recent PI case I was involved in, the tab ran over 2 million. AND, that was after both side agreed to drop the patents that only had about 1 year of term left. Gene-by-Gene is a pretty small player. Settlement makes a lot of sense, and the settlement says nothing about the strength of Myriad's patents.

I personally disagree with the Myriad and Prometheus by the Supreme Court, in particular Prometheus. However, given the precedent, I think attacking Myriad's remaining claims look quite promising.

The comments to this entry are closed.

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