If Idenix can prove an earlier actual reduction to practice, or an earlier conception coupled with diligence
over the critical period, it could prevail, said Deborah Sterling, a director in the Biotechnology/Chemical
Group at Sterne Kessler Goldstein & Fox, Washington, DC. This will come down to things like meeting
minutes, lab notebook documentation, and affidavits from employees, said Thompson. However, Green
noted daily documentation is required and it is hard to have records that date back 10 years. Additionally, a
witness, such as a lab technician is needed to corroborate the evidence, which is a “daunting” task, Green
Its a little bit more simple than that. Just study the early patents. Why did Ron say that if they lost the first-to -invent, that none of their drugs would be at risk. That statement actually answered the whole question. The 2'Methyl substitution is the real invention here with the Halogen really being window dressing. I explained it to a friend the other day by saying that Big brother (you do realize that these companies are blood brothers) wrote War and Peace but when submitting the Patent forgot to put the period (the Flouro) on the manuscript. Little jealous brother saw that and quickly got the first-to-file in. Idenix almost had it right, but everywhere they put the period at the end of the document they added a paragraph in chapter two or a deleted a paragraph in chapter 7. Thereby not having the correct patent with the correct i's dotted and t's crossed. Thats why the PTO got confused early on as I did. In the end, we all know that "War and Peace" is still the story even without the period (flouro in the 2' location.) One thing is crystal clear to EVERYBODY , the real invention (the 2'Methyl ) is not diputed. Idenix clearly owns this. This will never make it to trial because the agreement for licensure has already been set. I have filed a SEC complaint through the Whistleblower act for stock manipulation that I have proof began to happen around the end of last August. Justice will be served. Some organizations just got a little bit too greedy.
If Ron absolutely KNOWS that he will win this patent interference, or settlement or whatever, WHY is there no insider buying? You see actions speak more than words, and Ron is known for misleading statements on repeated occasions in the past (ie before 368 was halted he said it was completely different than 184, LIES, 368 ended up halted as well.) Why didn´t he file the interference against Pharmasset? He filed at a time of turmoil as a decoy, sketchy If they end up losing the interference and their drugs end up having to pay royalties to GILD, it might mean the end of this company.
Hedge funds have been adding IDIX, and I believe it has upside from here, based on the development of 719 and their upcoming uridine nuc, not on this patent circus, (Ron should be fired before he drives this company into the grave). I think the risk reward is good, 3.7 to lose and probably more than 10 to win IF they execute better and take some of their drugs forward, specially a (differentiated from 7977) nuc, given its scarcity value in the space. This week in EASL they will show some 719 data, hope its good. This quarter they promised to file IND for new nuc, hope they deliver.