Good question with no answer. Idenix now junior party, bearing the burden of proof is costly and risky. They would be better off desisting and investing precious stockholders money in the development of their own pipeline. Doesn´t look like they have enough cash until 2016, are they planning another dilution?
Transcript from Biopharm Insight "Idenix seen as unlikely to prevail against Gilead in HCV patent interference"
"Idenix Pharmaceuticals (NASDAQ:IDIX) faces an uphill battle to sufficiently demonstrate enablement in
its ongoing patent interference against Gilead Sciences (NASDAQ:GILD) regarding their respective
hepatitis C (HCV) intellectual property, attorneys said. Idenix is ultimately unlikely to prevail on the
interference, they noted.
- Elapsed time to demonstrate diligence, reduction to practice a major hurdle
- Gilead’s senior party status likely to trump all
-Idenix must submit brief on priority by 26 April, failure will lead to Gilead’s win.
"The decision from the Board of Patent Appeals and Interferences validates Gilead’s perspective that we
were the first to invent the compounds involved in the interference, as described in the ‘572 patent,” a
Gilead spokesperson commented. Idenix declined to comment.