Yes, they will look to dump this pos. Protracted court litigation will prevent marketing Hematide if approved, and Roche's long-acting ESA
Mircera (already FDA approved and proven safe in the EU) will take the market share in 2 years from now. Affy cant compete with Mirceras safety track record
Takeda and AFFY have to move forward with the NDA filing.
The data supports approval. It's the next logical step and gives them leverage.
The question is can JNJ stop them from selling it?! Or can AFFY sell while there is a suit pending (assuming JNJ would sue).
I have seen in disputes with chip companies over IP where the product is sold and if a ruling comes down against the company selling the product they usually end up paying a royalty.
They key here is would AFFY and JNJ make a deal, or could AFFY move forward, get approval and sell the product even if a suit is pending.
Worst case is that a JNJ suit against AFFY would keep them from moving forward on selling Hematide period until the case is heard. Could take years?!
Read this: http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_A/threadview?m=te&bn=54270&tid=7798&mid=7798&tof=3&frt=1#7798
Affy took JNJ to assert that they own or CO OWN the patents. The accomplished that. They also said the patents didn't pertain to Hematide.
To be clear, the patents that were declared to be owned by both JNJ and AFFY only mean that EACH company has the right to "practice" / commercialize products, etc., under the claims of those patents without infringement.
So, the only issue for AFFY is whether a court would stipulate that in fact AFFY is in violation of any of the claims of the '078 patent (AFFY says the '078 patent is not applicable to Hematide).
" Phase III was already done."
Really? Say it wasn't so. And do you think the NDA will be free? TAKADA is (or at least was) planning to flip another 30mill for this purpose. Do you think this will happen now? For a product they may not even own? Well, lets see what happens..
"If they can pick up a bio with a phase III completed drug on the cheap, do you think they will let it go"
Nobody's gonna touch it when there is a potential law suit hanging over it. Oh yeah, JNJ more likely will but first they will force AFFY into submission.
AFFY has 170mill cash right now. Do you think it would cover the cost of PHIII NDA (without Takeda) and a cost of a law suit? Man, I want the scheet you are smoking..It's making you fly hi. LOL!
they knew about it but I wonder if they were expecting a more positive outcome. If TAKEDA pulls the plug i.e. stops supporting and flipping the bill for the FDA, this stock will hit 2 dollars be sure of that. On the otherhand if they announce further financial support within the next month or so, AFFY will be back in the 8 dollar range. At this point AFFY is a huge gamble. all imo