Thu, Dec 18, 2014, 10:26 PM EST - U.S. Markets closed


% | $
Quotes you view appear here for quick access.

Keryx Biopharmaceuticals Inc. Message Board

  • hugochazev hugochazev Feb 9, 2013 6:21 PM Flag

    Method of Use Patents:...... For All Intents Are UnEnforceable .......... Off-Label Use

    "Our method of use patents only protect the product when used or sold for the claimed methods. However, these types of patents do not limit a competitor from making and marketing a product that is identical to our product that is labeled for an indication that is outside of our patented methods, or for which there is a substantial use in commerce outside of our patented methods.

    Obtaining proof of direct infringement by a competitor for a method of use patent can be difficult because the competitors making and marketing a product typically do not engage in the patented use.

    Moreover, physicians may prescribe a competitive identical product for indications other than the one for which the product has been approved, or off-label indications, that are covered by the applicable patents. Although such off-label prescriptions may directly infringe or contribute to or induce infringement of method of use patents, such infringement is difficult to prevent or prosecute."

    SortNewest  |  Oldest  |  Most Replied Expand all replies
14.665+0.575(+4.08%)Dec 18 4:00 PMEST

Trending Tickers

Trending Tickers features significant U.S. stocks showing the most dramatic increase in user interest in Yahoo Finance in the previous hour over historic norms. The list is limited to those equities which trade at least 100,000 shares on an average day and have a market cap of more than $300 million.