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VIVUS Inc. Message Board

  • wheelerdealer12 wheelerdealer12 May 9, 2014 10:04 AM Flag

    Actavis not a threat

    for those that don't know this is typical operating procedure for ACT. If you come out with a drug that has an existing compound they will challange the patent. Look at the 5/1 press release for Avanir. Same story and of course their patent was upheld until 2026. ACT is a generic manufacturer (who lost $4 a share last 1/4 btw) who will chalenge anyone. Kinda like throwing a dart at the wall and hoping it sticks. If they lose they just keep going to the next new drug. Hey why not what's it cost to file with the fda, penny's in the grand scheme of things. They will not be successful in this one either because the fda has gone this route with V in the initial approval and extension of its. Minimally V counter sues and they get a 30 months stay against ACT before a decision by the fda is made.

    But here's my spin on it. It is conceivable that ACT may in fact be a suitor for V. Either in a buyout or even still maybe V contracts with them to go generic. This is not uncommon. While generics are cheaper they are not CHEAP. The originating company has to approve the company that wants to manufacture their generic. Being generic does not mean anybody can manufacture it. It must be approved by the originating company. i think things could get quite interesting. i also think V was approached by ACT and the deal was not good enough for V and this is the end result. We shall see.

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