The first patent infringed is US PTO No. 6,071,537, & corresponding EP patent EP0915697. From what I've read, the basis of the patents is for using Topiramate for "weight loss," and that's enforcable till 2017.To clarify, it isn't the patent J&J would have on forumlation which expired but rather how its used.
the other patent has to do with the mixing of the two drugs for weight loss, and who owns that patent first. Very interesting stuff, but looks like VVUS doesn't own their trademark drug cocktail, regarding mixing the drugs together, and for the advertised purpose of weight loss.
You actually believe that the Vivus lawyers, Sr Staff,etc. didn't do the proper dd on this issue ? They just spent millions of dollars and years of research to be tripped up by this.Take a look at the credentials of the Sr Staff as they have been at this (with many different companies) for decades. You really believe they are this stupid ?Use your head folks, don't just think from a financial standpoint. They have the subject covered !